1. Findings. The City Council finds as follows:
   1. Mobile food vending has the potential to pose special dangers to the public health, safety and welfare of residents of the city that are not posed by restaurants or food vending from a permanent fixed location.
   2. Mobile food vendors who fail to park their vending vehicles correctly may block access to property by the public, or interfere with the regular flow of traffic. Improper parking may also interfere with emergency response personnel or other necessary public services.
   3. Narrow streets, limited on-street parking, crowded sidewalks, and the related safety hazards identified above are all especially severe in the Historic Design Review District of Auburn. Allowing mobile food vendors in those areas of the city would pose an unacceptable threat to public health and safety, and would additionally be detrimental to the density, aesthetic, and cultural concerns of the city as described in Title XV of this code.
   4. The city has an important and substantial public interest in providing regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.
   5. With proper regulation, mobile food vendors can provide additional food choices for Auburn residents and visitors.
2. Applicability. The mobile food vending provisions in § 159.180 shall apply to mobile food vending on private property regulated by the Zoning Ordinance of the Auburn Municipal Code. Mobile food vending being conducted in the public right of way is regulated pursuant to § 72.31.
3. Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   
   FOOD or FOODSTUFF. Any substance as defined by Cal. Health and Safety Code § 113781, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
   
   FOOD PREPARATION. Packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce, as set forth by Cal. Health and Safety Code § 113791.
   
   MOBILE FOOD MERCHANT. Any individual that operates or assists in the operation of a vending vehicle in the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.
   
   MOBILE FOOD VENDING. The sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise, of foodstuffs from any vending vehicle.
   
   VENDING OPERATIONS. The sale, display, solicitation, offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.
   
   VENDING VEHICLE. Any self-propelled, motorized device by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, or used exclusively upon stationary rails or tracks, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise.
4. Zoning and prohibited locations.
   1. Mobile food vendors may be located on property with the following zoning designations:
      1. Neighborhood Commercial (C-1)
      2. Central Business (C-2)
      3. Regional Commercial (C-3)
      4. Office Building (OB)
      5. Industrial Park (M-1)
      6. Industrial (M-2)
      7. Light Manufacturing (M-L)
      8. Airport Industrial (AI-DC)
   2. Notwithstanding division (D)(1) of this section, no mobile food vending vehicle may operate in the Historic District areas as illustrated on a map entitled "Prohibited Mobile Food Vending, Private Property" maintained by the Community Development Department. The map may be amended by resolution of the City Council.
   3. Mobile food vending operations may be located on vacant property.
5. Permit and license required.
   1. Use permit. A mobile food merchant must obtain a use permit prior to commencing vending operations.
   2. Business license. A mobile food merchant must obtain a business license prior to commencing vending operations.
   3. Old Town & Downtown Business Improvement District (BID) taxes. A mobile food merchant shall be subject to the city's Old Town & Downtown Business Improvement District (BID) Assessments, if conducting business within either district.
   4. State Board of Equalization (SBE) documentation. A mobile food vendor shall provide a copy of their resale certificate number demonstrating registration and use tax payment (county pool) information received from SBE for their mobile food vendor businesses.
   5. Display. All vending vehicles shall have displayed in a conspicuous place any permits required by this section, or any other applicable law.
6. Parking.
   1. A vending vehicle may not park for purposes of vending operations in such a way as to interfere with required parking for existing uses on the site.
   2. The area serving the mobile food vending operations shall, at a minimum, consist of gravel, except for construction sites.
7. Sales from vending vehicles.
   1. Vending vehicles must be brought to a complete stop and be lawfully parked prior to initiating vending operations.
   2. The vending vehicle, signage, tables, and any other objects that are used for vending operations may not be placed so as to interfere with or obstruct access to the site for vehicles or pedestrians. The vehicle and all equipment associated with vending operations shall be positioned in such a way as to ensure safe ingress and egress of patrons and other members of the public to the site.
   3. A mobile food vendor shall not serve customers adjacent to a public sidewalk under circumstances where the vendor, his or her equipment, and his or her customers obstruct passage of the public sidewalk, paths, stairs, walkways, or doorways for all users, including those with mobility disabilities.
   4. No signs may be placed in the sidewalk, street, parking spaces, or public right of way.
   5. Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.
   6. Mobile food merchants operating a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials at one time dispensed from the vending vehicle, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area where mobile food vending is occurring.
   7. A vending vehicle must be parked so as to comply with Cal. Health & Safety Code § 114315.
   8. A vending vehicle shall be fully self- contained including, but not limited to: mechanical holding units, gas or electric cooking equipment, water tank and hand sinks.
   9. Mobile food vendors may operate at 1 location for up to 2 hours in each 24 hour period.
   10. Mobile food vendors shall display a sign which states: "Please do not use bathroom of adjacent businesses unless patronizing business."
   11. Only 1 mobile food vendor shall be allowed per parcel or site.
8. [Reserved.]
9. Exceptions.
   1. Any mobile food merchant identified in an application for parades, marches, and assemblages or outdoor festivals, submitted pursuant to Chapter 91 and Chapter 92 respectively of this code or a film permit or any other city sponsored or approved event shall be exempt from the requirements of this chapter pertaining to mobile food vending, provided that all of the following conditions are met:
      1. The vending vehicle is parked no longer than the duration of the special event to conduct its business.
      2. The vending vehicle is parked so as to comply with Cal. Health & Safety Code § 114315.
      3. A City of Auburn business license has been obtained prior to operation.
   2. Any mobile food merchant serving a construction site shall be exempt from obtaining a use permit provided that all of the following conditions are met:
      1. Vending vehicles must be brought to a complete stop prior to initiating vending operations.
      2. The vending vehicle, signage, tables, and any other objects that are used for vending operations may not be placed so as to interfere with or obstruct access to the site for vehicles or pedestrians. The vehicle and all equipment associated with vending operations shall be positioned in such a way as to ensure safe ingress and egress of patrons and other members of the public to the site.
      3. A mobile food vendor shall not serve customers adjacent to a public sidewalk under circumstances where the vendor, his or her equipment, and his or her customers obstruct passage of the public sidewalk, paths, stairs, walkways, or doorways for all users, including those with mobility disabilities.
      4. No signs may be placed in the sidewalk, street, parking spaces, or public right of way.
      5. Mobile food merchants operating a vending vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.
      6. Mobile food merchants operating a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials at one time dispensed from the vending vehicle, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area where mobile food vending is occurring.
      7. A vending vehicle must be parked so as to comply with Cal. Health & Safety Code § 114315.
      8. A vending vehicle shall be fully self-contained including, but not limited to: mechanical holding units, gas or electric cooking equipment, water tank and hand sinks.
      9. Mobile food vendors may operate at 1 location for up to 2 hours in each 24 hour period.
      10. A City of Auburn business license has been obtained prior to operation.

(Ord. 13-01, eff. 2-13-2013)