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Cq<,Folto CITY COUNCIL STAFF REPORT
DATE: MAY 6, 2015 LEGISLATIVE
SUBJECT: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 6.15 TO, AMENDING SUBSECTON (a) OF
SECTION 12.12.055 OF, AND REPEALING SECTIONS 6.08.140 AND
12.28.100 OF, THE PALM SPRINGS MUNICIPAL CODE, MOBILE FOOD
VENDING VEHICLES
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
This Ordinance provides for time, place, and manner regulations affecting the location
and operating conditions for mobile food truck vending in the community. This
Ordinance compliments recent changes to the way in which Riverside County inspects
and licenses these vehicles through a framework that allows operators of such vehicles
to do business in Palm Springs while providing a regulatory program that will preserve
public safety and welfare.
RECOMMENDATION:
1. Waive text and introduce for first reading an Ordinance of the City Council "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 6.15 TO, AMENDING SUBSECTON (a) OF SECTION 12.12.055 OF,
AND REPEALING SECTIONS 6.08.140 AND 12.28.100 OF, THE PALM
SPRINGS MUNICIPAL CODE, AND REPEALING URGENCY ORDINANCE NO.
1864, RELATING TO MOBILE FOOD VENDING VEHICLES."
Background
In April, 2014, the County of Riverside amended its Health Department rules to allow
Mobile Food Vendors (food trucks) to operate in the county outside the very narrow
limitations that had previously been in place, such as mobile food vendors only being
able to operate at special events, or as pre-packaged food vendors, or as caterers. The
ITEM NO. 3 -A -
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Mobile Food Vendor Ordinance
May 6, 2015
Page 2
County regulations relate directly to the Health Department aspects of the operation.
Nevertheless, other public safety, welfare, and health issues relating to mobile food
vending are subject to local municipal regulation.
On March 18, 2014 the City Council adopted a moratorium for a six month period to
allow the development of an ordinance that would address a number of the issues
regarding food trucks
Over the past several months, Staff has met with a stakeholder group to develop the
City's food truck ordinance. The stakeholder group was comprised of restaurant
owners, Main Street, and other downtown representatives. Staff tried to ensure a good
geographic representation of stakeholders, as well as a mix of restaurant types,
including restaurants from Uptown, each of the blocks in Downtown, as well as the
areas east of Indian Canyon Drive. Both large and small restaurants were represented,
as were those who operate restaurants outside Downtown.
Staff reviewed mobile food vending regulations from a number of jurisdictions in
California. Each jurisdiction approaches regulation from its own unique perspective.
Staff has had several in-depth interviews with mobile food vendor operators from all
over Southern California about the potential of the Palm Springs market and the
practical challenges facing operators that wish to operate here, regardless of what
provisions are contained in the ordinance. It is apparent that with proper regulation,
Mobile Food Vendors can provide additional food choices for Palm Springs residents
and visitors.
Time, place, and manner restrictions for mobile food vending vehicles are necessary to
ensure pedestrian safety, control excessive demand on parking spaces particularly
within central business district, enhance traffic circulation movement, prevent aesthetic
blight from unsightly accumulation of waste in public right of way areas, and to minimize
adverse aesthetic impacts to the downtown commercial streetscape from unsightly large
commercial vehicles consistently parked on the street in the central business district.
All of these are findings in the Ordinance.
The Ordinance includes findings regarding traffic hazards and special dangers to
residents of the community. Mobile food vending vehicles frequently stop in public
rights of way in a manner which can endanger pedestrians and vehicle traffic,
particularly in areas of heavy traffic volume.
This ordinance is enacted pursuant to the City's police power under the City's Charter,
Article XI, Section 7 of the California Constitution, and Vehicle Code section 22455(b).
Section 22455(b) expressly authorizes time, place, and manner municipal regulation of
mobile food vending vehicles. A main element of the ordinance deals with the location
restriction that vending truck operators will not be permitted to vend within the
downtown and uptown areas, as described in the Ordinance. In this key core area, there
is existing vehicular congestion and shortage of available on-street and off-street
parking spaces to serve businesses already located in the area. However, mobile food
vendors may operate in other areas of the City, as appropriate. Mobile Food Vendors
002
Mobile Food Vendor Ordinance
May 6, 2015
Page 3
operating on public or private property outside the Central Business District would be
required to obtain a Mobile Food Vendor Permit.
It is therefore the purpose and intent of the City, in enacting an ordinance to provide
responsible companies and persons who engage in food vending from vehicles with
clear and concise regulations to prevent safety, traffic, and health hazards, as well as to
preserve the peace, safety and welfare of the community. It also represents a middle
ground that reasonably attempts to balance the health, safety and aesthetic concerns of
the community and the legitimate business interest of food truck operators.
Conclusion
The March 18, 2014 City Council moratorium on food trucks was for a six month period,
which was set to expire on September 18, 2014. On September 3, 2014, the
moratorium was extended for three more months, and in December, 2014 it was
extended to December 31, 2015. There were additional stakeholder meetings
conducted after September, 2014, with an even wider stakeholder group, and there was
additional feedback from food truck operators, who were given a chance to review and
comment on the draft ordinance.
Upon the effective date of this ordinance, the previously adopted urgency ordinance
(Ordinance No. 1864) regulating mobile food vending shall no longer be effective.
Environmental Review
Staff has reviewed the proposed amendment to the Palm Springs Municipal Code and
determined that it can be seen with certainty that there is no possibility that the
proposed ordinance may have a significant adverse effect on the environment.
Therefore, consideration and approval of the ordinance is not subject to the California
Environmental Quality Act (CEQA), and no further study is needed. (Refer to
15061(b)(3) of the CEQA Guidelines.)
Fiscal Analysis
No significant change to City revenue or expenditures is expected as a result of
adopting the proposed ordinance.
�
Jo n S. Raym Director of David H. Ready, Ci er
Commu i nomic Development
Dougla C. Holland, City ttorney
003
Mobile Food Vendor Ordinance
May 6, 2015
Page 4
Attachment:
1. "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 6.15 TO, AMENDING SUBSECTON (a) OF SECTION 12.12.055 OF,
AND REPEALING SECTIONS 6.08.140 AND 12.28.100 OF, THE PALM
SPRINGS MUNICIPAL CODE, AND REPEALING URGENCY ORDINANCE NO.
1864, RELATING TO MOBILE FOOD VENDING VEHICLES."
004
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 6.15 TO, AMENDING SUBSECTON (a) OF
SECTION 12.12.055 OF, AND REPEALLING SECTIONS 6.08.140
AND 12.28.100 OF, THE PALM SPRINGS MUNICIPAL CODE, AND
REPEALING URGENCY ORDINANCE NO. 1864, RELATING TO
MOBILE FOOD VENDING VEHICLES.
City Attorney Summary
SECTION 1. Sections 6.08.140 and 12.28.100 of the Palm Springs Municipal Code are
repealed.
SECTION 2. Chapter 6.15 is added to the Palm Springs Municipal Code to read:
Chapter 6.15 MOBILE FOOD VENDING VEHICLES
6.15.010 Purpose-Intent.
6.15.020 Definitions.
6.15.030 Permit- Required.
6.15.040 Permit—Term- Renewal.
6.15.050 Application for Mobile Food Vendor Permit—Contents- Required Fee.
6.15.060 Investigation of Application.
6.15.070 Permit- Issuance.
6.15.080 Permit- Denial.
6.15.090 Permit- Revocation.
6.15.100 Mobile Food Vending Vehicle Regulations.
6.15.110 Prohibited Conduct.
6.15.120 Insurance Requirements.
6.15.130 Inspection of Mobile Food Vending Vehicles.
6.15.140 Required Signs and Lettering.
6.15.150 Applicability of Regulations to Existing Businesses.
6.15.160 Nuisance; Violation and Penalty.
6.15.170 Exceptions.
6.15.010 Purpose - Intent.
The City Council expressly finds that vehicles in which produce, confections, and food
products are prepared, cooked, and/or carried for purposes of retail sale on the public streets
pose special dangers to the public health, safety, and welfare of children and residents in the
City of Palm Springs. It is the purpose and intent of the City Council, in enacting this, to provide
responsible companies and individuals who engage in the operation of Mobile Food Vending
Vehicles with clear and concise regulations to prevent safety, traffic, and health hazards, as well
as to preserve the peace.
Page 1 1 005
6.15.020 Definitions.
As used in this Chapter:
"Downtown Palm Springs" means the area generally bounded by both sides of Vista Chino on
the north, both sides of the alignment of Palm Canyon Drive, Alejo Road, Belardo Road, North
Museum Drive, E. Tahquitz Canyon Way, and Belardo Road on the west, both sides of Ramon
Road on the south, and both sides of Palm Canyon Drive and Indian Canyon Drive on the east.
"Food" means items intended primarily for consumption by human beings.
"Mobile Food Vending Vehicle" means any Category 1, 3, 4, or 5 mobile food facility as defined
by Riverside County Ordinance No. 580.5, as may be amended from time to time, that is
equipped or primarily used for the preparation and retail sale of food on any public street,
alley, parking lot, or highway within the City. The inventory of these vehicles need not be
necessarily limited to produce, food, or confections.
"Mobile Food Vendor" means any person who:
1. Conducts or permits or causes the operation of Mobile Food Vending Vehicles;
2. Owns, operates, controls, manages, or leases Mobile Food Vending Vehicles; or
3. Contracts with persons to drive and vend from Mobile Food Vending Vehicles.
"Mobile Food Vendor's permit" means a permit issued by the City Manager authorizing the
holder thereof to engage in the business of food vending.
"Operator" means any person who drives, operates or vends from a Mobile Food Vending
Vehicle and shall include the driver and assistant on each Mobile Food Vending Vehicle.
"Park" means all grounds, buildings, improvements, and areas dedicated to use by the public
for park, recreation, or open space purposes and over which the City has acquired right of use
for such purposes. The term "Park" includes sidewalks, trails, and pathways in or around park
facilities, park strips, and other grounds of any park.
"Person" means any natural person, firm, partnership, association, corporation, or stockholder
and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of food
trucks.
"Vend" or "vending" means offering food products of any kind for preparation or sale from a
Mobile Food Vending Vehicle as defined in this section on a street, alley, highway or public
place within the City and includes the movement or standing of a Mobile Food Vending Vehicle
for the purpose of preparing food for retail sale, or searching for, obtaining or soliciting retail
sales of products.
Page 12 006
6.15.030 Permit- Required.
No person shall operate or cause the operation of a Mobile Food Vending Vehicle in the
City without a Mobile Food Vendor's permit issued pursuant to the provision of this Chapter
and any other license or permit required under any other provision of this code. Additionally, a
mobile food facility permit issued by the county of Riverside and certificates of inspection from
the Office of the Fire Marshal, are required for each and every Mobile Food Vending Vehicle
before the Mobile Food Vendor's permit is issued.
6.15.040 Permit-Term - Renewal.
The term of the Mobile Food Vendor permit, unless sooner suspended or revoked, shall
be annual. Upon the expiration of such term, the permittee may renew the permit by paying
the renewal fee as is established by resolution of the City Council. If there are substantial
changes in the original application, a new application shall be required in conformance with
Section 6.15.050.
6.15.050 Application for Mobile Food Vendor Permit—Contents- Required Fee.
A. Any person who desires to obtain a permit to operate or cause the operation of one or
more Mobile Food Vending Vehicles shall obtain an application from the City Manager. Prior to
submitting such application a nonrefundable fee, as established by resolution of the City
Council, shall be paid to the City Manager to defray, in part, the cost of the investigation and
report required by this Chapter. After an application permit has been filed with the City
Manager, the City Manager shall cause an investigation to be made by the health officer and
chief of police. Permit issuance fees required under this Chapter shall be in addition to any
license, permit or fee required under any other Chapter of this code.
B. Neither the filing of an application for a permit, nor the payment of an application fee,
shall authorize the vending from, operation or management of a Mobile Food Vending Vehicle
until such permit has been granted or renewed.
C. Each applicant for a permit to conduct business as a Mobile Food Vendor shall furnish
the following information:
1. The present or proposed address from which the business is to be conducted;
2. The full true name under which the business will be conducted;
3. The full true name and any other names used by the applicant;
4. The present residence and business address and telephone numbers of the
applicant;
5. A general description of the kinds of merchandise that the Mobile Food Vending
Vehicles will vend;
6. The number of vehicles to be owned, operated or controlled by the applicant
and the makes, body styles, years, serial and engine numbers, state license plate
numbers, and names and addresses of the registered and/or legal owners of
each vehicle;
7. A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of applicant's vehicles;
Page 3 007
8. Insurance in the manner and form required by this Chapter from a responsible,
solvent insurance carrier authorized to issue public liability and property damage
insurance in the state of California;
9. The full and true names, addresses and telephone numbers of all persons
employed or intended to be employed, or with whom the applicant has contracted,
leased or intends to contract with as driver operator of the applicant's vending vehicles,
and in addition, their:
a. California driver's licenseor other identification
commonly accepted in commercial undertakings„ and
b. Food worker's certificate.
10. If the applicant is a corporation, the name shall be stated exactly as set forth in
its articles of incorporation. The applicant shall show the name and residence address of
each of the officers, directors, and each stockholder, owning not less than ten percent
of the stock of the corporation, and the address of the corporation itself, if different
than the applicant's place of business. If the applicant is a partnership, the application
shall show the name and residence address of each of the partners, including limited
partners, and the address of the partnership itself, if different than the applicant's place
of business;
11. All criminal convictions of the principals, operators, drivers, excluding minor
traffic offenses (any traffic offense designated as a felony shall not be construed as a
minor traffic offense), stating the date, place, nature and sentence of each such
conviction;
12. The applicant, if other than an individual, shall also furnish the following
information:
a. Each business address of the applicant for the three-year period
immediately preceding the date of the application and the inclusive dates
of each such business,
b. The nature of the business or firm for the three-year period immediately
preceding the date of the application, and
C. The permit history of the applicant for the three-year period immediately
preceding the date of the filing of the application, including whether such
applicant, in previously operating in this or any other city, county, state
or territory, has ever had any similar license or permit, or franchise
revoked or suspended, and if so, the circumstances of such suspension or
revocation;
13. Such other identification and/or information as the City Manager may require in
order to discover the truth of the matters required to be set forth in the application; and
6.15.060 Investigation of Application.
The City Manager shall act to approve or deny an application for a Mobile Food
Vendor's permit under this Chapter within a reasonable period of time and in no event shall the
City Manager act to approve or deny said permit later than ninety days from the date the
application was accepted as complete by the City Manager. Every Mobile Food Vendor permit
Page 14 008
issued pursuant to this Chapter will terminate at the expiration of one year from the date of its
issuance unless sooner suspended or revoked.
6.15.070 Permit- Issuance.
A. The City Manager shall grant the Mobile Food Vendor's permit if the City Manager finds
that all of the following requirements have been met:
1. The required fees have been paid;
2. The application conforms in all respects to the provisions of this Chapter;
3. The applicant has not knowingly made a material misrepresentation of fact in
the application;
4. The applicant has fully cooperated in the investigation of the application;
5. The applicant if an individual; or any of the directors, officers or stockholders
holding more than ten percent of the stock of the corporation; or any of the partners,
including limited partners, or profit interest holder, manager or other person principally
in charge of the operation of the existing or proposed business of vending from a food
vending truck or a natural person employed or contracted with to be a driver has not
been convicted or pleaded nolo contendere or guilty within five years prior to his or her
application for a permit to a misdemeanor or felony crime of moral turpitude or drug-
related misdemeanor or felony crime, including, but not limited to:
a. the sale of a controlled substance specified in California Health Safety
Code Sections 11054 through 11058;
b. the sale, distribution or display of harmful or obscene matter;
C. indecent exposure;
d. selling or disposing of lottery tickets;
e. permitted gambling, pool selling or bookmaking; or in the case of
applications for an operator's permit, alcohol or drug-related traffic
offenses.
B. The City Manager is specifically authorized to obtain state summary criminal history
record information as provided for in Section 11105 of the California Penal Code. Any complaint
for the above-listed charges pending before a court of law shall cause the application to be
considered pending until adjudication of the complaint.
6.15.080 Permit- Denial.
A. If the City Manager finds that the requirements set forth in Section 6.15.070 have not
been met, the City Manager shall deny the application for a Mobile Food Vendor's permit. In
the event the application is denied by the City Manager, written notice of such denial shall be
given to the applicant specifying the basis for such denial. Notice of denial shall be deemed to
have been served if, in fact, it is personally served to the applicant or when deposited in the
United States mail with prepaid postage and addressed to the applicant at his or her residence
address as set forth in the application.
B. Any applicant whose application for a Mobile Food Vendor permit has been denied by
the City Manager, may submit an appeal in writing to the City Clerk within fifteen days of such
denial. The City Council may refer the appeal to a hearing officer.
Page 15 009
6.15.090 Permit- Revocation.
A. Any vendor permit may be suspended or revoked by the City Manager for any of the
following reasons:
1. Falsehood of any information supplied by the permittee upon which issuance of
the permit was based;
2. Failure of the permittee to notify the City Manager within two weeks of any
change occurring subsequent to the issuance of the permit in the information supplied
by the permittee upon which issuance of the permit was based;
3. Failure of the permittee, or of any employees or subcontractors of the
permittee, to comply with the regulations set forth in Sections 6.15.110 through
6.15.160 inclusive; or
4. Violation by the permittee, or any employee, subcontractor or independent
contractor of the permittee, of any state law or municipal ordinance while in the course
of conducting vending operations from food trucks pursuant to the permit.
B. No such suspension or revocation shall become effective until the permit holder has
been notified in writing of the right of such permit holder to appeal the suspension or
revocation. Notification of the permit holder shall be made either by personal delivery or by
certified or registered mail, return receipt requested, addressed to the permit holder at such
permit holder's residence address as set forth on the application for a permit. If an appeal is
filed, the suspension or revocation shall be stayed and shall become effective only upon
decision of the City Council or, at the option of the City Council, by a hearing officer. The
suspension or revocation shall become effective after the timely appeal period has expired. The
appeal shall be in writing and filed with the City Clerk within fifteen days of effective date of
suspension or revocation.
C. No person whose permit is revoked shall be eligible to apply for a new permit for a
period of one year following such revocation.
6.15.100 Mobile Food Vending Vehicle Regulations.
A. Each Mobile Food Vending Vehicle shall have a current, valid county of Riverside grade
card/decal health inspection sticker affixed to the lower right side of the windshield and a
current, valid business license decal affixed as specified in Section 5.04.200 of this code.
B. Each individual who drives, operates or vends from a Mobile Food Vending Vehicle shall
have on his or her person a current, valid California driver's license and a food worker
certificate pursuant to Section 6.07.020 of this Code, which he or she shall make available for
inspection by law enforcement officials or code compliance officers upon request.
C. Condition/Appearance of Site.
1. The site where a Mobile Food Vending Vehicle is parked shall be maintained in a
safe and clean manner at all times.
2. Exterior storage of refuse, equipment or materials associated with the food
vending truck is prohibited.
3. The Mobile Food Vending Vehicle shall maintain vehicular and pedestrian
circulation and access consistent with all local and state regulations.
4. Any Mobile Food Vending Vehicle parked out of the public right-of-way to
conduct business must have the written consent of the property owner to do so. If such
Page 16 010
a food vending truck has written permission from the property owner, up to four tall
stand-up cocktail-type tables but, no chairs, no fences or other site furniture
(permanent or otherwise) shall be permitted.
D. Litter Control.
1. Any Mobile Food Vending Vehicle licensed by the county of Riverside as a
Category 4 or Category 5 mobile food facility shall provide a minimum of two thirty-
two-gallon litter receptacles within fifteen feet of the vehicle. The receptacles will serve
both employees and customers.
2. The Mobile Food Vending Vehicle vendor shall maintain the subject property and
adjacent right-of-way free of litter on and within one hundred feet of the vending site.
3. All refuse shall be removed from the vending site and properly disposed of
within thirty minutes of the close of vending for the day at that site.
E. Security.
1. The vendor shall install signage indicating that loitering is not permitted and
customers may only remain on the lot for up to thirty minutes after receiving their food.
2. The vendor shall enforce the no-loitering rule.
3. The serving or consumption of alcohol shall be prohibited at vending sites.
F. Toilets and Handwashing Facilities. In order for a Mobile Food Vending Vehicle to
remain parked and conducting business in one location longer than one hour, it must be
situated within two hundred feet travel distance of a legally approved and permitted toilet and
handwashing facility, or as otherwise approved by the City Manager, to ensure that restroom
facilities are available to Mobile Food Vending Vehicle employees. The Mobile Food Vending
Vehicle operator must have permission of the property owner to use the toilet and
handwashing facility.
G. Mobile Food Vending Vehicles operating as part of a special event permitted by the City
Manager shall comport with the permissions and restrictions of the approved permit.
6.15.110 Prohibited Conduct.
A. No person shall vend from a Mobile Food Vending Vehicle which is stopped, parked, or
standing on any public street or parking lot within Downtown Palm Springs.
B. No person shall vend from a Mobile Food Vending Vehicle which is stopped, parked, or
standing on any public street or parking lot when the following apply:
1. When the Mobile Food Vending Vehicle is parked within five hundred (500) feet
of the nearest property line of any school serving students 18 years of age or younger,
or any public park unless that school is a college, university, or vocational school that
primarily serves students older than eighteen years of age, unless the Mobile Food
Vending Vehicle is associated with a certified farmers' market that is open at the time
that the food vending truck is conducting business.
2. When the posted speed limit on the public street, alley or highway is greater
than thirty-five miles per hour;
3. When the Mobile Food Vending Vehicle is parked in violation of any other
provision of this Code, or the California Vehicle Code;
Page 7 O i l
4. When any part of the Mobile Food Vending Vehicle is open to prospective
customers other than on the side of the vehicle next to the right side of the street, alley
or highway;
5. When the Mobile Food Vending Vehicle is not stopped, parked or standing on
the right side of the street, alley or highway;
6. When the prospective customer is standing or sitting in another vehicle;
7. When the prospective customer is located in that portion of the street, alley or
highway which is open to vehicular traffic;
C. No person shall operate, or cause to be operated, any Mobile Food Vending Vehicle
with sound-amplifying equipment in operation per Section 5.92.030 of this code.
D. No person shall back up a Mobile Food Vending Vehicle to make or attempt a sale.
E. No minor shall ride in or on a Mobile Food Vending Vehicle.
F. Such vehicles shall only operate Monday through Sunday as follows:
1. October 1st through April 30th: nine a.m. to five p.m.
2. May 1st through September 30th: nine a.m. to seven p.m.
6.15.120 Insurance Requirements.
A. It is unlawful for any person to own, lease, drive, operate or cause or permit to be
driven or operated any Mobile Food Vending Vehicle in the City unless such person has
submitted with his or her application for a permit the required insurance policies outlined in
this section, which shall be issued by an insurance company currently authorized by the
insurance commissioner to transact business of insurance in the state of California, with an
assigned policyholders' rating of A- (or higher) and financial size category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager. Such policies shall conform in all respects to the requirements of this
Chapter.
B. The required motor vehicle liability policy shall insure the owner, driver, and any other
person using or responsible for the use of any Mobile Food Vending Vehicle with the consent,
expressed or implied, of such owner, driver or person, against loss from the liability imposed
upon such owner, driver or person by law for injury to, or death of, any person, or damage to
property growing out of the maintenance, operation or ownership of any Mobile Food Vending
Vehicle in an amount not less than one million dollars combined single limit for each accident,
no aggregate. Automobile insurance shall be at least as broad as Insurance Service Office Form
CA 00 01 covering bodily injury and property damage for all activities of the Mobile Food
Vending Vehicle.
C. The permittee shall maintain commercial general liability insurance with coverage at
least as broad as Insurance Services Office Form CG 00 01, in an amount not less than one
million dollars per occurrence, two million dollars general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability. Defense
costs shall be paid in addition to the limits. The policy shall contain no endorsements or
provisions limiting coverage for: (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to the permit.
D. The permittee shall maintain workers' compensation insurance (statutory limits) and
employer's liability insurance (with limits of at least one million dollars). The permittee shall
Page 18 012
submit to the City Manager, along with the certificate of insurance, a waiver of subrogation
endorsement in favor of the City of Palm Springs, its officers, agents, employees and
volunteers.
E. The permittee may opt to utilize umbrella or excess liability insurance in meeting
insurance requirements. In such circumstances, the permittee shall obtain and maintain an
umbrella or excess liability insurance policy with limits of not less than four million dollars that
will provide bodily injury, personal injury and property damage liability coverage at least as
broad as the primary coverages set forth above, including commercial general liability and
employer's liability. Such policy or policies shall include the following terms and conditions:
1. A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall "follow form" to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
F. Cancellation, termination, or reduction in coverage of any insurance policy filed with the
City pursuant to this Chapter shall be just cause for the City Manager to revoke the license.
G. As a condition of being granted a license pursuant to this Chapter, the permittee shall
promise, on an application form provided by the City Manager, to indemnify and hold the City
of Palm Springs free and harmless from any and all liability, claims, loss, damages, or expenses,
including attorney's fees and court costs, arising by reason of the death or injury of any person,
including the permittee or any person who is an employee or agent of the permittee, or by
reason of property damage to or destruction of any property, including property owned by the
permittee or any person who is an employee or agent of the permittee.
H. Every insurance policy and every certificate of motor vehicle liability insurance filed
within the City pursuant to the provisions of this Chapter shall contain the following
endorsements:
1. It is hereby understood and agreed that, notwithstanding expressions consistent
with or contrary thereto, each policy is expressly issued to cover a motor vehicle
regulated by the provisions of Chapter 10 of the Palm Springs Municipal Code. Each
policy shall inure to, and be for the benefit and protection of, anyone who shall sustain
any damages or injury, or to the heirs, personal representatives, administrators,
executors or assigns of any such person who may be so damaged or injured or suffer
death, by reason of the operation of the motor vehicle or from the defective condition
thereof. Liability under this policy shall in no manner be abrogated or abated by the
death or dissolution of the insured;
2. There is continuing liability up to the full amount of each policy, notwithstanding
any action or recovery thereon;
3. No cancellation or reduction in coverage of each policy for any reason
whatsoever shall become effective until the expiration of thirty days after written notice
of such cancellation or reduction in coverage shall have been given to the City Clerk of
Page 19 013
the City of Palm Springs. Said period of thirty days to commence running from the date
said notice is actually received in the office of the City Clerk;
4. All such policies shall provide, or be endorsed to provide, that the City of Palm
Springs and its officers, officials, employees, and agents shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance under
this permit. This provision shall also apply to any excess liability policies;
5. All insurance coverage maintained or procured pursuant to this permit shall be
endorsed to waive subrogation against the City of Palm Springs, its elected or appointed
officers, agents, officials, employees and volunteers or shall specifically allow the
permittee or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Permittee shall waive its
own right of recovery against the City of Palm Springs;
6. All insurance coverages shall be primary and any other insurance, deductible, or
self-insurance maintained by the indemnified parties shall not contribute with this
primary insurance. Policies shall contain or be endorsed to contain such provisions.
I. The permittee shall give City Manager prompt and timely notice of claims made or suits
instituted that arise out of or result from the permittee's performance under this permit, and
that involve or may involve coverage under any of the required liability policies.
J. The permittee shall execute and maintain its work so as to avoid injury or damage to any
person or property. In carrying out its services, permittee shall at all times be in compliance
with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees and the public appropriate to the nature of
the work and the conditions under which the work is to be performed.
K. Requirements of specific coverage features or limits contained in this section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
L. The permittee acknowledges and agrees that any actual or alleged failure on the part of
the City Manager to inform the permittee of noncompliance with any requirement imposes no
additional obligations on the City of Palm Springs nor does it waive any rights hereunder.
6.15.130 Inspection of Mobile Food Vending Vehicles.
A. In addition to other equipment required by law, each Mobile Food Vending Vehicle
shall be equipped with the following:
1. A convex mirror mounted so that the occupant of the driver's seat can see the
area in front of the truck which is obscured by the vehicle's hood; and
2. A back-up alarm audible for a distance of at least one hundred feet.
B. In addition to such inspection of the Mobile Food Vending Vehicle as may be required
by other agencies, the City's Fire Marshal shall perform an inspection of each Mobile Food
Vending Vehicle before it is put into service within city limits, and annually thereafter,
coincident with renewal of the Mobile Food Vendor's permit. The City's Fire Marshal shall issue
a certificate of inspection to Mobile Food Vending Vehicles compliant with fire safety
regulations.
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6.15.140 Required Signs and Lettering.
A. There shall be displayed in a conspicuous place on both the front and back of the
Mobile Food Vending Vehicle appropriate warning signs or lettering, e.g., for Mobile Food
Vending Vehicles permitted by the county of Riverside as Category 3 mobile food facilities (ice
cream trucks) "CAUTION CHILDREN." The lettering shall not be less than six inches in height and
lettering shall be in contrast to the color of the background upon which they are placed.
B. There shall be displayed in a conspicuous place on both the right and left side of the
Mobile Food Vending Vehicle lettering permanently affixed showing the nature of the company
or operator of the Mobile Food Vending Vehicle and the business address and telephone
number of the owner or operator. The lettering shall not be less than four inches in height, and
shall be in contrast to the color of the background upon which they are placed.
C. No other lettering, numbering, price lists, signs or insignia shall be displayed on the
right and left side of the Mobile Food Vending Vehicle so as to interfere with the visibility of the
lettering required in subsection B of this Section.
6.15.150 Applicability of Regulations to Existing Businesses.
The provisions of this Chapter shall be applicable to all persons and businesses
described in this Chapter whether the activities described in this Chapter were established
before or after the effective date of the ordinance enacting this Chapter into law. All such
persons and businesses shall have thirty days from said effective date to file a completed
application for vendors' permits with the City Manager.
6.15.160 Nuisance; Violation and Penalty.
A. Any Mobile Food Vending Vehicle operated contrary to the provisions of this Chapter is
declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in
lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by
law, and may take such other steps and may apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove such establishment and restrain and
enjoin any person from operating a Mobile Food Vending Vehicle contrary to the provisions of
this Chapter.
B. Every person, whether acting as an individual owner, employee of the owner, operator,
or employee of the operator, or whether acting as an agent or independent contractor for the
owner, employee, or operator, or acting as a participant or worker in any way directly or
indirectly sells or distributes food or beverage from a Mobile Food Vending Vehicle as defined
in this Chapter without first obtaining a Mobile Food Vending Vehicle permit from the City
Manager, or that otherwise violates any provision of this Chapter, shall be punishable as
specified in Section 1.01.140 and 1.01.150 of this Code.
6.15.170 Exceptions.
The provisions of Section 6.15.110 shall not apply to:
A. Mobile Food Vending Vehicles servicing construction sites.
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B. The delivery or sale of pre-ordered goods or services to a private residence or business
with the prior consent of the owner, occupant, lessee, or the designee of such persons,
including without limitation employees,
C. Food vending on school property with the consent of school authorities.
D. Food vending on private property with the consent of the owner, lessee, or legal
occupant of the property and with a valid land use permit, if applicable.
SECTION 3. Subsection (a) of Section 12.12.055 of the Palm Springs Municipal Code is
amended to read:
(a) No person shall sit or lie down upon any public sidewalk, or upon a blanket, chair, stool,
or any other object placed on the public sidewalk, within the area generally bounded by both
sides of Vista Chino on the north, both sides of the alignment of Palm Canyon Drive, Alejo Road,
Belardo Road, North Museum Drive, E. Tahquitz Canyon Way, and Belardo Road on the west,
both sides of Ramon Road on the south, and both sides of Palm Canyon Drive and Indian
Canyon Drive on the east.
SECTION 4. Upon the effective date of this Ordinance, Urgency Ordinance No. 1864 is
repealed and no longer in effect.
SECTION S. The Mayor shall sign and the City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same, or the summary thereof, to be published and
posted pursuant to the provisions of law and this Ordinance shall take effect (3) days after
passage.
PASS, APPROVED,AND ADOPTED this day of 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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