Food Truck Freedom Compendium

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Footnote 15, 52, 53: L.A. City Code § 80.73(b)(2)(F). “No catering truck shall remain parked at any residential location for the purpose of dispensing victuals, or at any residential location within a half mile radius of that location, for a period of time, adding together all time parked at each residential location, which exceeds 30 minutes.  Upon the elapse of that period of time, any catering truck that continues to be used for the purpose of dispensing victuals must be parked at a location more than half a mile distant, as measured in a straight line, from the location where the vehicle was parked at the beginning of the 30-minute period, and the vehicle shall not return to that location for at least another 30 minutes from the time of departure or relocation.  The requirement that a vehicle must be parked one-half mile distant shall only apply if the new parking location is in a residential area.
No catering truck shall remain parked at any commercial location for the purpose of dispensing victuals, or at any commercial location within a half mile radius of that location, for a period of time, adding together all times parked at each commercial location, which exceeds one hour.  Upon the elapse of that period of time, any catering truck that continues to be used for the purpose of dispensing victuals must be parked at a location more than half a mile distant, as measured in a straight line, from the location where the vehicle was parked at the beginning of the one hour period, and the vehicle shall not return to that location for at least another 60 minutes from the time of departure or relocation.” 


Footnote 16, 24: Cal. Vehicle Code § 22455(b).
“Notwithstanding subdivision (a) of Section 114315 of the Health and Safety Code or any other provision of law, a local authority may, by ordinance or resolution, adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street.”


Footnote 18, 48, 49, 51, 100: L.A. City Code § 80.73(b)(2)(B).
“No person shall stop, stand or park a catering truck upon any street for the purpose of dispensing victuals under any circumstances in violation of stopping, standing or parking prohibitions or restrictions either shown by signs or curb markings or as otherwise provided by the State Vehicle Code or the health, safety, fire, traffic, business or other regulations set forth in the Los Angeles Municipal Code.”


Footnote 19: L.A. City Code § 80.73(b)(2)(C). “No person shall dispense victuals from any portion of a catering truck on any street in any manner which causes any person to stand in that portion of the street which is between the catering truck and the center of the street.”


Footnote 20, 74, 80: L.A. City Code § 80.73(b)(2)(E). “After dispensing victuals, at any location, a catering truck operator, prior to leaving the location, shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the catering truck, including any packages or containers, or parts of either, used with or for dispensing the victuals.”


Footnote 21: L.A. City Code § 80.69(d). “Limitation for Vehicles Six Feet or More in Height.  Whenever authorized signs are in place giving notice thereof, it shall be unlawful for any person to park or stand a vehicle more than six feet in height, including any load thereon, within 100 feet of an intersection.”


Footnote 22, 71: El Paso City Code § 12.46.020(C). “Such vehicle shall be allowed to stop, stand or park on any public street or right-of-way, provided this area is not within twenty feet of an intersection, such vehicle does not obstruct a pedestrian crosswalk and the area is not prohibited to the stopping, standing or parking of such vehicles.”


Footnote 26: Cal. Health and Safety Code §§ 113700 et seq.


Footnote 27: Cal. Health and Safety Code § 114294(a). “All mobile food facilities and mobile support units shall meet the applicable requirements in Chapters 1 to 8, inclusive, and Chapter 13, unless specifically exempted from any of these provisions as provided in this chapter.”


Footnote 28: Cal. Health and Safety Code § 114321. “Mobile food facilities that are occupied during normal business operations shall have a clear, unobstructed height over the aisleway portion of the unit of at least 74 inches from floor to ceiling, and a minimum of 30 inches of unobstructed horizontal aisle space. This section shall not apply to vehicles under permit prior to January 1, 1996.”


Footnote 29: Cal. Health and Safety Code § 114323 (b)(1). “(b)Mobile food facilities that operate at more than one location in a calendar day shall be equipped to meet all of the following requirements:

(1)All utensils in a mobile food facility shall be stored so as to prevent their being thrown about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes, or slots along counter aisles. Knife holders shall be designed to be easily cleanable and be manufactured of materials approved by the enforcement agency.”


Footnote 30: Cal. Health and Safety Code § 114311. “Mobile food facilities not under a valid permit as of January 1, 1997, from which nonprepackaged food is sold shall provide handwashing facilities. The handwashing facilities shall be separate from the warewashing sink.

(a)The handwashing sink shall have a minimum dimension of nine inches by nine inches in length and width and five inches in depth and be easily accessible by food employees.

(b)The handwashing facility shall be separated from the warewashing sink by a metal splashguard with a height of at least six inches that extends from the back edge of the drainboard to the front edge of the drainboard, the corners of the barrier to be rounded. No splashguard is required if the distance between the handwashing sink and the warewashing sink drainboards is 24 inches or more.”


Footnote 31: Cal. Health and Safety Code § 114323(b)(2). “Coffee urns, deep fat fryers, steam tables, and similar equipment shall be equipped with positive closing lids that are fitted with a secure latch mechanism that will prevent excessive spillage of hot liquids into the interior of a mobile food facility in the event of a sudden stop, collision, or overturn. As an alternative to this requirement, a coffee urn may be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit.”


Footnote 36, 111: Cal. Health and Safety Code § 114294 et seq. “(a)All mobile food facilities and mobile support units shall meet the applicable requirements in Chapters 1 to 8, inclusive, and Chapter 13, unless specifically exempted from any of these provisions as provided in this chapter.
(b)The enforcement agency shall initially approve all mobile food facilities and mobile support units as complying with the provisions of this chapter and may require reapproval if deemed necessary.
(c)Each mobile food facility that is either a special purpose commercial modular and coach as defined by Section 18012.5 or a commercial modular coach as defined by Section 18001.8 shall be certified by the Department of Housing and Community Development, consistent with Chapter 4 (commencing with Section 18025) of Part 2 of Division 13, and regulations promulgated pursuant to that chapter. In addition, the enforcement agency shall approve all equipment installation prior to operation.”


Footnote 37, 45: L.A. County Code § 8.04.405. “"Routine inspection" means a periodic, unannounced inspection of any business or occupation specified in Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued food official inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.”


Footnote 37, 39, 45: L.A. County Code § 8.04.752. “A. Upon issuance by the county health officer, the health officer shall post at every food facility the letter grade card or the inspection score card as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the facility. "Clearly visible to the general public and to patrons" means:
1. Posted in the front window of the food facility within five (5) feet of the front door or posted in a display case mounted on the outside front wall of the food facility within five (5) feet of the front door;
2. Posted adjacent to the pass out window on a mobile food facility, or on the customer service side of an unenclosed mobile food facility; or
3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons.
B. In the event that a food facility is operated in the same building or space as a separately licensed or permitted business, or in the event that a food facility shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county health officer shall post the letter grade card or the inspection score card in the initial patron contact area, or in a location as determined in the discretion of the county health officer.
C. The letter grade card and the inspection score card shall not be defaced, marred, reproduced, copied, camouflaged, hidden or removed. It is unlawful to operate a food facility unless the letter grade card or the inspection score card as determined by the county health officer, is in place as set forth hereunder. Removal of the letter grade card or the inspection score card is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930
D. Every food facility shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the facility:
Any public health concerns regarding this facility should be directed to the County of Los Angeles, Environmental Health office located at: _________________________ (local office address and telephone number to be provided by the county health officer).
E. The food official inspection report upon which the letter grade card or the inspection score card is based and all subsequent reports issued by the county health officer shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request. The food facility shall keep the food official inspection report and all subsequent reports until such time as the county health officer completes the next routine inspection of the facility and issues a new food official inspection report.”


Footnote 41: San Antonio City Code § 13-62(k). “The director shall make routine, unannounced inspections of mobile food courts, mobile food establishments, and commissaries when applicable, to determine whether or not the vending operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this article, other applicable city ordinances and state and federal statutes, regulations and rules.”


Footnote 42: Albuquerque City Code § 9-6-1-6(A). “The enforcement authority shall determine the frequency of inspections according to past compliance record of a food establishment and the risk presented to consumers by the menu items provided by the specific food establishment. The enforcement authority shall inspect each establishment at least twice annually and shall make reinspections as often as necessary for the enforcement of §§ 9-6-1-1 et seq.”


Footnote 44: Las Vegas City Code 6.02.020. “(A) The Department shall have the jurisdiction to investigate and enforce the provisions of this Title, Title 9 and the provisions of Title 19 as they relate to the use of land by, and impact of, businesses, professions and occupations.
(B) The Department shall have all powers which may be necessary or appropriate for a complete and effective exercise of its jurisdiction, including, but not limited to:
(1) The power to enter and inspect the licensed premises at any time during the business hours of the licensee;
(2) The power to examine and audit all books and other business records of a principal, licensee, applicant, or their employees or other persons acting under their control for purposes of determining ownership, the proper payment of license fees, and other issues relating to compliance with this Title;
(3) The power to apply for and execute administrative search warrants based upon reasonable suspicion of a violation of this Title, Title 9 or Title 19
(4) The power to issue citations pursuant to the provisions of NRS Chapter 171 for violations of this Title, Title 9 or Title 19
(5) The power to issue, revoke, suspend or deny a business license, or temporary business license, as provided in this Chapter;
(6) The authority to make expenditures as reasonably necessary to investigate a violation of this Title, Title 9 or Title 19; and
(7) The power to assess the following to a licensee for re-inspections after the initial inspection reveals violations of this Title, Title 9, or Title 19
(a)A service charge of ninety dollars for the initial re-inspection, if the licensee or its representative has not corrected or caused the correction of all violations to the Department's satisfaction by the established re-inspection date, such charge to reflect the partial cost of staff time and City resources; (b) A service charge of one hundred twenty dollars for each subsequent re-inspection until all violations have been corrected to the Department's satisfaction, such charge to reflect the partial cost of staff time and City resources; and
(c) An administrative fee of ten percent of the amount of service charges assessed under Subparagraphs (a) and (b) above, to cover administrative costs of billing and receipting;
(C) The Department shall provide the licensee or its representative an appropriate billing to reflect service charges and administrative fees assessed under Paragraph (7) of Subsection (B) above. The billing shall include the date by which payment must be made, which must be at least sixty days after the billing is provided. If payment is not made by the date specified, the City may proceed to collect the amounts assessed in accordance with LVMC6.02.250. Notwithstanding the provisions of this Subsection (C), the licensee or its representative may appeal the assessment of service charges and administrative fees, including the underlying determination that violations have occurred, by filing a written appeal with the Department within ten days after the billing is provided to the licensee or its representative. A hearing on the appeal will be conducted by the City Manager (or the City Manager's designee) within ten days after the appeal is filed, unless otherwise agreed to by the licensee and the person conducting the hearing. The period for payment is tolled during the pendency of an appeal.
(D) The Department is authorized to require identification or other information from a principal, licensee, applicant, or their employees or other persons acting under their control, at any time in furtherance of the exercise of its jurisdiction.
(E) During the course of investigating any crime or assisting in the enforcement of this Code, Metro has concurrent jurisdiction and authority to issue citations for the violations of this Title, Title 9 or Title 19.”


Footnote 46: L.A. City Code § 80.73(b)(2)(A)(4)(i). “Any location within 200 feet of:
 (i)     Balboa Park, Banning Park, Robert Burns Park, MacArthur Park, the following portions of Griffith Park:  Riverside Drive between the Glendale Boulevard off-ramp and Los Feliz Boulevard, between the Los Angeles River and the City limits (Betty Davis Picnic Area); and Ferndell Drive between Los Feliz Boulevard and Red Oak Drive.” 


Footnote 47: L.A. City Code § 42.15(c). “Beach Vending Prohibition. Except as specifically allowed in this Section, no Person shall engage in Vending upon any public beach lands or properties adjoining the waterfront of the Pacific Ocean, or upon any immediately adjacent Boardwalk, sidewalk or public way between the southerly boundary of the City of Santa Monica and the northerly boundary of the City of El Segundo and between the northwesterly boundary of the City of Santa Monica and the northwesterly boundary of the City of Los Angeles.”


Footnote 50: L.A. City Code § 80.73(b)(2)(A)(3). “Any location within 100 feet of the nearest part of: (i) any intersection, or (ii)     (Deleted by Ord. No. 174,284, Eff. 12/8/01.)”


Footnote 53, 75: L.A. City Code § 80.73(b)(2)(D). “Persons who dispense victuals under the provisions of this section may not do so unless at that time they provide or have available in a conspicuous place in the immediate vicinity of the catering truck, a litter receptacle which is clearly marked with a sign requesting its use by patrons.”


Footnote 55, 72: L.A. City Code § 56.08(c). “No person having charge or control of any lot or premises shall allow any soil, rubbish, trash, garden refuse, tree trimmings, ashes, tin cans or other waste or refuse to remain upon any sidewalk, parkway, or in or upon any street abutting on or adjacent to such lot or premises, or which will interfere with or obstruct the free passage of pedestrians or vehicles along any such street, sidewalk or parkway.”


Footnote 58, 68: Las Vegas City Code § 6.55.070(A)(2). “Vend in any congested area where the operation will impede pedestrian or vehicle traffic.”


Footnote 59: El Paso City Code § 12.46.020(C). “Such vehicle shall be allowed to stop, stand or park on any public street or right-of-way, provided this area is not within twenty feet of an intersection, such vehicle does not obstruct a pedestrian crosswalk and the area is not prohibited to the stopping, standing or parking of such vehicles”
Minneapolis City Code § 188.480(2). “Licensee shall not park his vehicle within thirty (30) feet of an intersection.”
San Antonio City Code § 13-63(a)(5). “This area is not in or within fifty (50) feet of an intersection.”


Footnote 60: Pittsburgh City Code § 719.05A(d). “Vendors and vehicular vendors shall not park any vehicles for the purpose of vending, or place any materials in on-street metered parking spaces.”


Footnote 61: New York City Department of Transportation Regulations Section 4-08(h)(8). “Displaying, selling or offering merchandise for sale prohibited.”


Footnote 65: Columbus City Code § 2151.16. “(a) No person shall park or stand any vehicle from which anything is offered for sale on any street for a period exceeding fifteen (15) minutes, except when special permission of the safety director has been granted.
(b) A violation of this section constitutes the commission of a parking infraction to be handled pursuant to and governed by the provisions of Chapter 2150.”
Las Vegas City Code § 6.55.070(A)(2). “Vend in any congested area where the operation will impede pedestrian or vehicle traffic.”
Chicago City Code § 7-38-115(b). “Stops shall be made only to service customers and shall not exceed a total of two hours in any one block. Mobile food vendors may stop to service customers for a period of up to two hours notwithstanding the provisions of the second paragraph of Section 9-64-190(a) of this Code.”


Footnote 66: Sacramento City Code § 5.68.170. “It is unlawful for any person to operate a food vending vehicle while stopped, standing or parked on the public right-of-way:
A.     Between the hours of eight p.m. of one day and five a.m. of the following day during the months of April, May, June, July, August, September and October;
B.     Between the hours of six p.m. of one day and five a.m. of the following day during the months of November, December, January, February and March.
C.     For more than thirty (30) minutes in one location, without moving to a new location at least four hundred (400) feet away;
D      Within four hundred (400) feet of a location where the same food vending vehicle previously operated, on the same calendar day;
E.     Within four hundred (400) feet of any other food vending vehicle; or
F.      Within one hundred (100) feet of any street intersection controlled by a traffic light or stop sign. (Ord. 2008-008 § 2)” 


Footnote 67: Fresno City Code § 9-1107(h). “No Blocking of Pedestrians. No mobile vendor shall block or obstruct the free movement of pedestrians or vehicles on any sidewalk, street, alley or other public right of way.”


Footnote 69: Philadelphia City Code § 9-203(7)(d). “No vendor or person shall…conduct himself or his business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant or to create or become a nuisance, or increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police, or sanitation vehicles.”


Footnote 76: Seattle City Code § 15.17.152(A). “The permittee shall maintain the vending site, merchandise display, and adjoining and abutting public place free of all refuse of any kind generated from the operation of their businesses. If food is served, the permittee shall supply a refuse container for public use that is capable of accommodating all refuse generated by the vending activity and that shall be maintained and emptied regularly.”


Footnote 77: Columbus City Code 523.13 (c)(11). “Shall during the period of selling keep the area within twenty-five (25) feet of that location free from all litter and debris arising, including the litter which arises from actions of customers in disposing of wrapping or packaging materials sold by the peddler, solicitor or canvasser. When two (2) or more peddlers, solicitors or canvassers occupy overlapping areas they shall each be jointly responsible for the overlapping areas.”


Footnote 78: Boston City Code § 17-10.8(a)(5). “Consumers shall be provided with single service articles, such as plastic forks and paper plates, and a waste container for their disposal. All mobile food trucks shall offer a waste container for public use that the operator shall empty at his own expense.”


Footnote 79: Buffalo City Code§ 316-51(I). “All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. Each mobile food vehicle vendor shall be responsible for abiding by § 216-9 of this Code, any violation of which shall be punished in accordance with § 216-11 of this Code.” http://www.ecode360.com/16265484#16265488


Footnote 82: Cal. Vehicle Code § 1656.2. “The department shall prepare and publish a printed summary describing the penalties for noncompliance with Sections 16000 and 16028, which shall be included with each motor vehicle registration, registration renewal, and transfer of registration and with each driver's license and license renewal. The printed summary may contain, but is not limited to, the following wording:

"IMPORTANT FACTS ABOUT ENFORCEMENT OF CALIFORNIA'S COMPULSORY FINANCIAL RESPONSIBILITY LAW

California law requires every driver to carry written evidence of valid automobile liability insurance, a thirty-five thousand dollar ($35,000) bond, a thirty-five thousand dollar ($35,000) cash deposit, or a certificate of self-insurance that has been issued by the Department of Motor Vehicles.

You must provide evidence of financial responsibility when you renew the registration of a motor vehicle, and after you are cited by a peace officer for a traffic violation or are involved in any traffic accident. The law requires that you provide the officer with the name and address of your insurer and the policy identification number. Your insurer will provide written evidence of this number.

Failure to provide evidence of your financial responsibility can result in fines of up to five hundred dollars ($500) and loss of your driver's license. Falsification of evidence can result in fines of up to seven hundred fifty dollars ($750) or 30 days in jail, or both., in addition to a one-year suspension of driving privileges.

Under existing California law, if you are involved in an accident that results in damages of over seven hundred fifty dollars ($750) to the property of any person or in any injury or fatality, you must file a report of the accident with the Department of Motor Vehicles within 10 days of the accident. If you fail to file a report or fail to provide evidence of financial responsibility on the report, your driving privilege will be suspended for up to four years. Your suspension notice will notify you of the department's action and of your right to a hearing. Your suspension notice will also inform you that if you request a hearing, it must be conducted within 30 days of your written request, and that a decision is to be rendered within 15 days of the conclusion of the hearing.”


Footnote 83: Boston City Code § 17-10.5(b)(7). “Submission of Materials. Each application shall indicate
7. A certificate of insurance providing general liability insurance listing the City as
additionally insured. A food truck permit shall be issued only for the explicit time
period covered by the effective dates of the general liability insurance policy.


Footnote 84: Las Vegas City Code § 6.55.080. “Each licensee must file with the Department and thereafter maintain public liability and property damage insurance which shall protect the public against any and all claims for personal injury damages, including death, and property damages which may arise out of or in connection with any operations or activities of the mobile food vendor. The amount of such insurance shall not be less than one hundred thousand dollars for injuries, including death, to any one person, and subject to the same limit for each person in an amount of not less than three hundred thousand dollars for injuries, including death, to more than one person on account of any one accident, and property damage insurance in an amount not less than twenty-five thousand dollars for each accident. A certificate of insurance shall be provided to the Department prior to the issuance of a business license and the City shall be named as an additional insured party. Any insurance coverage provided under this Section shall also contain a provision that any cancellation or material change in the coverage shall not become effective until the City has been given sixty days prior written notification.”


Footnote 85: Austin City Code § 25-2-812(C)(4). “may not operate between the hours of 3:00 a.m. and 6:00 a.m.”


Footnote 87: Phoenix City Code § 31-24.1(C). “It shall be unlawful for any person to engage in Street Vending—Food after the later of 7:00 p.m. or sunset and before sunrise.”


Footnote 88: Sacramento City Code § 5.88.110. “Application for food or flower vendor’s permits shall be investigated by the city manager. The investigation shall take into consideration the character of the applicant and any law enforcement problems which the issuance of the permit might tend to create. The city manager may also consider such other sources of information as are available to him or her and may require the applicant to be fingerprinted.

The city manager may deny an application for a food or flower vendor’s permit if the applicant has been convicted of one of the type of category of crimes enumerated in Section 5.88.090(B) of this chapter or, if in his or her opinion, the business is to be located or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the permit would not be compatible with the public health, safety or welfare or would not comply with the provisions of this chapter or would be contrary to the public interest. The city manager shall deny the permit if the application does not meet the location requirements or any other requirements of this chapter.

In granting a permit under this chapter, the city manager shall require vendors to limit their hours of operation to between eight a.m. to six p.m., shall require vendors to remove all of their equipment and wares from the assigned location no later than six p.m. each day, and shall prohibit any vendor from locating closer than twelve (12) feet from the outer edge of any entrance to any building. The manager shall have authority to limit the area which a vendor’s cart may cover, to approve the design of any vendor’s cart, and to specify the exact location on a block where the vendor shall operate, taking into account pedestrian and vehicular traffic flow and the other standards imposed by this article. The city manager may impose such additional reasonable terms and conditions upon the operation of the business as the manager deems necessary or desirable under the circumstances to protect the health, safety and well-being of the public. The city manager may require all food or flowers to be located on the vendor’s cart and may prohibit the location of any food or flowers on sidewalks.

If, for a period of ten (10) or more consecutive days between May 1st and September 30th, or sixty (60) or more consecutive days between October 1st and April 30th, a person with a vendor’s permit fails to maintain or operate their vendor’s business, then the permit shall be deemed abandoned and shall be revoked.

The vendor’s permit shall be attached to and prominently displayed on the vendor’s cart.

Prior to the issuance of any permit under this chapter, the applicant shall pay to the city revenue officer any business operations tax and the applicable downtown business improvement area tax required by Chapter 3.08 of this code. Decisions of the city manager relating to the granting or denial of an application for a vendor’s permit shall be rendered in writing not less than sixty (60) days after the date of application. Copies of decisions shall be mailed to the applicants not later than five days after the date of decision and shall be mailed to the address of any business, conducted on the street level, which is located within one hundred (100) feet of the site of the vendor’s permit. (Prior code § 7.06.063)


Footnote 90: Cal. Health and Safety Code § 114325. “(a)Except on a mobile food facility that only utilizes the water for handwashing purposes, a water heater or an instantaneous heater capable of heating water to a minimum of 120ºF, interconnected with a potable water supply, shall be provided and shall operate independently of the vehicle engine. On a mobile food facility that only utilizes the water for handwashing purposes, a water heater or an instantaneous water heater capable of heating water to a minimum of 100°F, interconnected with a potable water supply, shall be provided and shall operate independently of the vehicle engine.

(b)(1)Except as specified in paragraph (2), a water heater with a minimum capacity of three gallons shall be provided for mobile food facilities.

(2)A minimum water heater capacity of one-half gallon shall be provided for mobile food facilities approved for limited food preparation.”


Footnote 91: Cal. Health and Safety Code § 114315. “(a)A 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.

(b)This section does not limit the authority of a local governing body to adopt, by ordinance or resolution, additional requirements for the public safety, including reasonable time, place, and manner restrictions pursuant to its authority under subdivision (b) of Section 22455 of the Vehicle Code.”


Footnote 94: Austin City Code § 10-3-91(A)(8). “if at one location for more than two hours, a written agreement from a business within 150 feet for employees of the mobile food establishment to have use of flushable restrooms (or other facilities as approved by the health authority) during hours of operation.”


Footnote 95: Boston City Code § 17-10.5(b)(6). “Proof of access to restroom facilities with flushable toilets and access to hand washing facilities for the use of the mobile food truck employees within five hundred (500) feet of each location where the mobile food truck will be in operation for more than one (1) hour in any single day.”


Footnote 96, 97: Cal. Health and Safety Code § 114311. “Mobile food facilities not under a valid permit as of January 1, 1997, from which nonprepackaged food is sold shall provide handwashing facilities. The handwashing facilities shall be separate from the warewashing sink.
(a)The handwashing sink shall have a minimum dimension of nine inches by nine inches in length and width and five inches in depth and be easily accessible by food employees.
(b)The handwashing facility shall be separated from the warewashing sink by a metal splashguard with a height of at least six inches that extends from the back edge of the drainboard to the front edge of the drainboard, the corners of the barrier to be rounded. No splashguard is required if the distance between the handwashing sink and the warewashing sink drainboards is 24 inches or more.”


Footnote 98: Cal. Health and Safety Code § 114295. “(a)Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.
(b)This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation.
(c)Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.
(d)Mobile support units shall be operated from and stored at a designated commissary and shall be subject to permitting and plan review.”


Footnote 99: Cal. Retail Food Code § 114295(b). “This section does not apply to mobile food facilities that operate at community events as defined in Section 113755 and that remain in a fixed position during food preparation and its hours of operation.
Footnote 100: Cal. Health and Safety Code § 114295(c). “Mobile food facilities shall be stored at or within a commissary or other location approved by the enforcement agency in order to have protection from unsanitary conditions.”
Cal Health and Safety Code § 114297(a). “Mobile food facilities shall be cleaned and serviced at least once daily during an operating day.”


Footnote 101, 102: Or. Admin. R. 333-162-0040. “(1) Mobile food units shall operate from a licensed restaurant, commissary or warehouse.
(2) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a commissary.
(3) Notwithstanding section (1) of this rule, self-contained mobile food units may not be required to have a base of operation if the unit contains all the equipment and utensils necessary to assure the following:
(a) Maintaining proper hot and cold food temperatures during storage and transit;
(b) Providing adequate facilities for cooling and reheating of foods;
(c) Providing adequate handwashing facilities;
(d) Providing adequate warewashing facilities and assuring proper cleaning and sanitizing of the unit;
(e) Obtaining food and water from approved sources;
(f) Sanitary removal of waste water and garbage at approved locations.
(4) The ability to operate without a base of operation shall be determined by the regulatory authority.
(5) A mobile food unit may not serve as a commissary for another mobile food unit or as the base of operation for a caterer.”


Footnote 103: Florida Administrative Code § 61c-4.0161.


Footnote 109: L.A. City Code § 80.73(b).
“Catering trucks. 1.     Definitions:  (Amended by Ord. No. 173,264, Eff. 6/26/00.)  For the purposes of this Section, the following definitions shall apply:
     A.     “Street” shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, sidewalks and public ways.
     B.     “Catering truck” shall mean any motorized vehicle designed primarily for dispensing victuals.  For purposes herein, the term “catering truck” shall include any trailer designed primarily for dispensing victuals but only if attached to a motor vehicle at all times during which victuals are being dispensed.  “Catering truck” shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing victuals.
     C.     “Dispense or dispensing” shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.
     D.     “Victuals” shall mean fruit, meat, vegetables, beverages or food of any kind, nutritious or otherwise, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings.  For purposes herein, victuals shall not include other goods, wares or merchandise.
     2.     Restrictions:
     A.     (Amended by Ord. No. 173,264, Eff. 6/26/00.)  The dispensing of victuals shall be permitted on any street except at or from:
     (1)     Any trailer, wagon or pushcart not included within the definition of “catering truck”, except as may be authorized under Section 42.00 of this Code.
     (2)     (Deleted by Ord. No. 174,284, Eff. 12/8/01.)
     (3)     Any location within 100 feet of the nearest part of:
     (i)     any intersection, or
     (ii)     (Deleted by Ord. No. 174,284, Eff. 12/8/01.)
     (4)     Any location within 200 feet of:
     (i)     Balboa Park, Banning Park, Robert Burns Park, MacArthur Park, the following portions of Griffith Park:  Riverside Drive between the Glendale Boulevard off-ramp and Los Feliz Boulevard, between the Los Angeles River and the City limits (Betty Davis Picnic Area); and Ferndell Drive between Los Feliz Boulevard and Red Oak Drive.
     (ii)     The roadway of any freeway on-ramp or off-ramp.
     (5)     Any location within 500 feet of the nearest property line of any school.  In the event of a conflict between any of the above specified distances and a greater distance otherwise required by law, said greater distance shall prevail and be controlling.
     B.     No person shall stop, stand or park a catering truck upon any street for the purpose of dispensing victuals under any circumstances in violation of stopping, standing or parking prohibitions or restrictions either shown by signs or curb markings or as otherwise provided by the State Vehicle Code or the health, safety, fire, traffic, business or other regulations set forth in the Los Angeles Municipal Code.
     C.     No person shall dispense victuals from any portion of a catering truck on any street in any manner which causes any person to stand in that portion of the street which is between the catering truck and the center of the street.
     D.     Persons who dispense victuals under the provisions of this section may not do so unless at that time they provide or have available in a conspicuous place in the immediate vicinity of the catering truck, a litter receptacle which is clearly marked with a sign requesting its use by patrons.
     E.     After dispensing victuals, at any location, a catering truck operator, prior to leaving the location, shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the catering truck, including any packages or containers, or parts of either, used with or for dispensing the victuals.
     F.     (Amended by Ord. No. 177,620, Eff. 7/23/06.)  No catering truck shall remain parked at any residential location for the purpose of dispensing victuals, or at any residential location within a half mile radius of that location, for a period of time, adding together all time parked at each residential location, which exceeds 30 minutes.  Upon the elapse of that period of time, any catering truck that continues to be used for the purpose of dispensing victuals must be parked at a location more than half a mile distant, as measured in a straight line, from the location where the vehicle was parked at the beginning of the 30-minute period, and the vehicle shall not return to that location for at least another 30 minutes from the time of departure or relocation.  The requirement that a vehicle must be parked one-half mile distant shall only apply if the new parking location is in a residential area.
     No catering truck shall remain parked at any commercial location for the purpose of dispensing victuals, or at any commercial location within a half mile radius of that location, for a period of time, adding together all times parked at each commercial location, which exceeds one hour.  Upon the elapse of that period of time, any catering truck that continues to be used for the purpose of dispensing victuals must be parked at a location more than half a mile distant, as measured in a straight line, from the location where the vehicle was parked at the beginning of the one hour period, and the vehicle shall not return to that location for at least another 60 minutes from the time of departure or relocation.
     G.     (Added by Ord. No. 173,264, Eff. 6/26/00.)  Notwithstanding the provisions of Municipal Code Sections 114.04 and 114.05, no person shall drive or operate a catering truck for the purpose of dispensing victuals unless such catering truck is equipped with an audible alarm which can be heard at a distance of 100 feet from the vehicle, which will be automatically activated in the event the vehicle backs up.  Such alarm must be installed within six months of the effective date of this regulation.
     H.     (Amended by Ord. No. 173,854, Eff. 5/11/01.)  No person shall lease, sublease or rent a catering truck to any other person knowing that such person does not possess one or more valid licenses or permits required by the City or by the County of Los Angeles in order to dispense victuals from a catering truck. Provided, however, this provision shall not apply to any license or permit which cannot be secured until the vehicle is in the possession of the lessee, sublessee or renter.  Notwithstanding the provisions of Sections 11.00(m), 80.76, 80.76.1 and 80.76.2 of this Code, a violation of this provision shall be punishable by a civil penalty of $500.00 for the first offense and $1,000.00 for the second and each subsequent offense.” 


Footnote 110: L.A. County Code Chapter 8.04.


Footnote 113: L.A. County Code § 8.04.720.
Mobile food facility—food cart, high risk    671.00
  Mobile food facility—food vehicle, low risk    602.00
  Mobile food facility—food vehicle, high risk    787.00


Footnote 117: Boston City Code § 17-10.5.
a.     Single Application. There shall be made available by the Commissioner a single application form to apply for each mobile food truck permit. The application shall provide the following:
          1.     A description of necessary inspections and fees;
          2.     A description of areas of the City where the operation of mobile food trucks are limited or prohibited;
     b.     Submission of Materials. Each application shall indicate on its face, in addition to other requirements as may be determined by the Committee, that the following materials must be submitted by the applicant:
          1.     The name of the business and its owner or owners and the mailing address of the business,
          2.      A description of the proposed business plan for the mobile food truck operation,
          3.     A proposed service route and hours of operation with a detailed schedule of times and locations where the mobile food truck will be stationary and serving food,
          4.     Certification that the vehicle has passed all necessary inspections required by the Boston Fire Department and Department of Inspectional Services,
          5.     Proof that the mobile food truck will be serviced by a mobile food commissary,
          6.     Proof of access to restroom facilities with flushable toilets and access to hand washing facilities for the use of the mobile food truck employees within five hundred (500) feet of each location where the mobile food truck will be in operation for more than one (1) hour in any single day, and
          7.     A certificate of insurance providing general liability insurance listing the City as additionally insured. A food truck permit shall be issued only for the explicit time period covered by the effective dates of the general liability insurance policy.
     c.     Approval Process. An application must be submitted to the Commissioner of Public Works, who shall then forward the application to the Departments for review. The application must receive the approval of each of the Departments, based on duly published criteria established by the Committee, prior to its final approval and the issuance of a permit by the Commissioner.
          1.     The Committee may work with the applicant or permit holder to modify a service route at any time (i) before the issue of a permit or (ii) after the issue of a permit, if the grant of a permit or approval of a service route has led to the creation of a nuisance or otherwise endanger the public health, safety, or order or by request of the permit holder.
          2.     Within sixty (60) days of the submission of a completed application, the Commissioner shall either issue or deny the application for a permit.
          3.     If the application is denied in whole or in part, the Commissioner shall state the specific reasons for the denial. Any applicant who has been denied a permit may appeal such denial by submitting a written request for a hearing to the Commissioner within ten (10) days of denial. Such hearing shall be conducted by the Commissioner or his or her designee within thirty (30) days of receipt of said appeal. The decision resulting therefrom shall be final and subject only to judicial review under M.G.L. c. 30A, § 14.”


Footnote 122: Boston City Code § 17-10.9(b). “An annual fee shall be required for the issuance or renewal of a mobile food truck permit based on a taxable market valuation of City property by the Assessing Department, including sidewalks, from which mobile food trucks will stand according to a route of operation submitted with an application for a mobile food truck permit. Nothing in this section shall prohibit the Committee from designating zones throughout the City for the purposes of establishing fees and rates.”


Footnote 123: Cleveland City Code § 241.05(d). “For a mobile food service operation or mobile retail food establishment, the annual fee shall be two hundred sixty-three dollars and forty-four cents ($263.44).”


Footnote 125: New Orleans City Code § 110-191(6). “The number of permits issued under this section shall at no time exceed 100 for the entire city. Permits shall be issued on a calendar-year basis. Applications for these permits cannot be made prior to December 1 of the year preceding that for which the permit will be valid. Permits shall be renewed annually. At the time of the renewal of these permits, the applicant who holds a permit for his specific location shall be given preference over any other applicant seeking to obtain a permit for that location.”


Footnote 126: New York City Code § 17-307 (b)(2)(a) to (b)(3)(a). “2. (a) On and after July thirtieth, nineteen hundred eighty-three, no new full-term permits shall be issued until the number of such permits which are in effect is less than three thousand. Thereafter, the maximum number of such permits which may be in effect shall be three thousand and no new  permits  shall be issued in excess of such maximum number. Notwithstanding  the  limitations  on  the  issuance  of  new  full-term permits,  a  permit  issued  prior  to  July thirtieth, nineteen hundred eighty-three which is in effect shall be renewable by  the  licensee  to whom the permit was issued subject to the provisions of subparagraph (f) of this  paragraph and provided that all other requirements for renewal under the provisions  of  this  subchapter  and  any  rules  promulgated pursuant thereto  are  complied with, the license of the person to whom the permit was issued or the permit has not been  revoked  or  suspended and the licensee has not committed a violation or violations which could be a basis for permit or license revocation or suspension.
 (b)(i)  On  and  after  March fifteenth, nineteen hundred ninety-five, without increasing the number of  full-term  permits  which  may  be  in effect  in  accordance  with  subparagraph  (a)  of  this paragraph, two hundred full-term permits shall be designated  for  use  exclusively  in specified boroughs as follows:
    (A)  fifty  of  such  full-term  permits  shall  authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of the Bronx where food  vendors  are  not  prohibited  from vending;
    (B)  fifty  of  such  full-term  permits  shall  authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Brooklyn where  food  vendors  are  not  prohibited  from vending;
    (C)  fifty of  such  full-term  permits  shall  authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of  Queens  where  food  vendors  are  not  prohibited  from vending; and
    (D)  fifty of  such  full-term  permits  shall  authorize the holders thereof to vend food from any vehicle or pushcart in any public place in the borough of Staten Island where food vendors are not prohibited  from vending.
    (ii)  After the  initial  issuance  of such permits, the commissioner  shall establish a  separate  waiting  list  for  each  of  the  relevent boroughs  to  be  administered  in  accordance  with  procedures  to  be established by rules of the commissioner. The commissioner may by  rule limit the number of places on each such waiting list.
    (c)   On  and  after  January  first,  nineteen  hundred  ninety-five, full-term permits shall be issued only to persons who  at  the  time  of application  for  a  permit  have  not had a full-term permit revoked or suspended and who satisfy the commissioner that they are fit and able to conduct,  maintain  or  operate  a  food  vending  business.  Except as otherwise provided  in  item  (B) of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section,  no  person  shall  be issued more than one permit, whether full-term or temporary.
    (d)  The  issuance  or  renewal of a full-term permit pursuant to this subchapter shall be subject to the permittee within three  months  after the  certification  of  a  complete  application  therefor  presenting a pushcart or vehicle for inspection by  the  department  and  within  six months after such certification, passing such inspection.
    (e)  The commissioner shall establish a separate waiting list for the issuance  of  full-term  permits  pursuant  to  this  subchapter  to  be administered  in accordance with requirements to be established by rules of the commissioner. The commissioner may by rule limit the number  of places on such waiting list.
    (f)  Except  as  otherwise  provided  in  item  (B)  of clause (ii) of subparagraph (a) of paragraph three of subdivision f of this section, on and after January first,  nineteen  hundred  ninety-six,  and  on  every renewal  date  thereafter,  a  permit holder may not renew more than one permit, whether full-term or temporary. Such permit  shall  be  renewed provided that all other requirements for renewal under the provisions of this  subchapter and any rules promulgated pursuant thereto are complied with, the license of the person to whom the permit  was  issued  or  the permit  has  not  been  revoked  or  suspended  and  such person has not committed a violation or violations which could be a basis for permit or license suspension or revocation.
    (g) Other than subparagraphs (c), (d) and (f), this paragraph shall not apply to the issuance of fresh fruits and vegetable permits.
3.  (a)  Notwithstanding  the  provisions  of  paragraph  two  of this  subdivision limiting the number of full-term permits that are authorized to be issued, the commissioner may issue up to a maximum of one  hundred additional full-term  permits  authorizing  the holders thereof to vend food from any vehicle or pushcart in any public place in the city of New York where food vendors are not prohibited from  vending.  Such permits shall be  issued only to natural persons who at the time of application for a permit hereunder are not holders  of  a  full-term  permit  issued pursuant  to  paragraph  two  of this subdivision and who have not had a full-term permit revoked or suspended. No person shall be issued more than one permit.  Such permits shall be issued in the order in which applications for such  permits  are  received  in  accordance  with  the preferences  specified  in  subparagraph  (b)  of this paragraph and the procedures established by the commissioner. The issuance or renewal of a full-term permit pursuant to this paragraph  shall  be  subject  to  the permittee  within  three  months  after  the certification of a complete application therefor presenting a pushcart or vehicle for inspection  by the department and, within six months after such certification, passing such inspection.  After  the  initial  issuance  of  such  permits,  the commissioner shall establish a waiting list, not to exceed four hundred in number, to be  administered  in  accordance  with  procedures  to  be established by rules of the commissioner.”


Footnote 128: Cleveland City Code § 241.03(3). ““Vendor” means a mobile food shop or a person operating a mobile food shop.”


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