Have Truck-will park in front of your business?

Food & Beverage Association Members and Associates,

In January the F&BA along with the Health Dept and San Diego City BID Council conducted a Mobil Food Facility Carts/ Trucks Workshop to educate all interested parties about the who-what-when and where of operating these businesses.

Current and future operators as well as restaurants and caters filled up the meeting room---information was shared—questions were answered with everyone gaining some useful knowledge!

F&BA continuing to be Hospitality’s Go-To Source for answers we field many questions concerning Carts and Trucks among other questions---today a restaurant owner called just before noon—this big food truck has parked in front of my business, is selling sandwiches-cooking items and refuses to leave---Is this Legal-What can I do?

The location in question is located in the city of San Diego and because their code (see attached city of San Diego code section 54.0122) requires them to be at least 10 feet away from another vehicle, they needed to hit the road. Police were called and eventually they left. They are also required to be licensed with the Health Dept, and that sticker is to be in plan sight for inspection.

That may not necessarily be the case across the county---each city has its own way of dealing with mobile food carts/trucks. Some like National City ban them all together while others take it case by case.

Should you have questions please give us a call---619-228-2291

Stephen A Zolezzi

President, CEO

Food & Beverage Association San Diego County

"Hospitality's Go-To Source"

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§54.0122 Prohibitions and Regulations Applicable to the Sale or Distribution of Foods, Beverages, Merchandise or Services from Vehicles and Mobile Food Units

(a) Purpose and Intent. The Council hereby finds and declares that the unrestricted sale or distribution or the offering for sale or distribution of food, beverages, merchandise or services from vehicles or mobile food units within or upon public streets, sidewalks and rights of way, public property or in the vicinity of school buildings, under certain circumstances, constitutes a danger to public safety because of the likelihood of injury to pedestrians thereby exposed to hazards from other vehicular traffic in the vicinity. The Council further finds that the unauthorized use of public property for private commercial activity constitutes a misuse of public property and tax money and that similar activity on private property when not in conformity with health, safety, zoning and land use regulation is contrary to the public welfare.

Ch. Art. Div.

5 4 1 4

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare

(10-20007)

(b) Definitions.

(1) The terms “vehicle,” “street” and “highway” are defined by the Vehicle Code of California.

(2) “Public property” shall mean any real property owned or controlled by or leased or assigned to a governmental entity excluding such property as had been leased out by that entity for nongovernmental purposes. It shall also include unimproved streets and rights of way or similar easements for public access and use over which the public entity has a legal interest or right of control, other than a publicly maintained street or highway.

(3) The term “mobile food unit” is any non–self–propelled or nonmotorized vehicle or similar vending device defined in Section

42.0160 of this Code.

(4) “Public school” shall refer to any public elementary school, middle school, junior high school or high school as defined in the Education Code of California.

(c) Prohibitions. No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a vehicle on a street or highway unless the vehicle is first lawfully parked or stopped and then remains for no longer a period of time than is necessary to complete the immediate sale. An operator is considered to be engaged in an “immediate sale” when there are patrons waiting in line for service. Operators of such vehicles shall maintain a minimum clear space of (10) feet both in front of and behind the vehicle to allow for pedestrian safety and safe sight distance for approaching motorists. No sales or distribution shall be made when the designated minimum clear space of ten (10) feet does not exist.

(d) No food or beverage shall be sold or distributed or offered for sale or distribution from a mobile food unit on a street or highway, on public property or upon a sidewalk without a permit from the City Manager or designee authorizing such sale or distribution pursuant to Section 42.0166 of this Code.

(e) No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution, whether from a vehicle or otherwise, upon public property without the authorization of the public entity.

(f) No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a vehicle or mobile food unit on private property without the express consent of the owner or lessee of the property and except in conformity with health, safety, zoning and land use regulations or permits pertaining to the site from which the sale or distribution is conducted.

Ch. Art. Div.

5 4 1 5

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare

(10-2007)

(g) No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a vehicle within five hundred (500) feet from any public school building, measured in a straight line to the nearest point of the school building, between 7:00 a.m. and 4:00 p.m. on regular school days, except in a designated commercial loading zone in conformity with applicable restrictions thereto or except on private property with the express consent of the owner or lessee of the property and in conformity with health, safety, zoning and land use regulations and permits pertaining to the site from which the sale or distribution is conducted.

(h) Non–defenses. It shall not be a defense to a violation of this section that the violator or the violator’s principal or agent had been issued a City business license or paid a City business tax, nor that a governmental permit had been issued unless such permit authorized the permit holder to conduct the activity at a designated location or locations under specified times and/or conditions and such sales or distribution activity was in conformity with those terms and conditions.

(i) Severability. If any subsection of this section or portion thereof is declared invalid by a court of competent jurisdiction, that declaration shall not affect the validity of the remaining portion or portions of this section.

(j) Construction with other laws. Nothing in this section shall be deemed to excuse compliance with any law or regulation pertaining to health, zoning, public safety or land use under applicable state law or the municipal code, including the issuance of any permits thereunder.

(“Prohibitions and Regulations applicable to the Sale or Distribution of Foods, Beverages, Merchandise or Services from Vehicles and Mobile Food Units” added 7–25–1988 by O–17116 N.S.)