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a.No mobile vendor shall display, sell, or exchange any item other than food and/or beverages within the City limits unless authorized by mobile food vendor permit obtained from the City.

b.Permitted hours of operation are from 8:00 a.m. to 8:00 p.m.

c.No mobile food vending vehicle shall operate in any City-owned parking lot or garage.

d.No mobile food vending vehicle shall operate from the right-of-way on Lighthouse Avenue within the limits of the City of Monterey.

e.No mobile food vending vehicle shall operate in yellow commercial loading/unloading zones or white passenger zones.

f.Vending shall not be permitted directly to persons in other vehicles or from other than the curbside of the vending vehicle when the vehicle is parked in the right-of-way.

g. Short-Term Operation on Public Streets.In addition to the requirements in subsections (a) through (f) of this section, a mobile food vending vehicle on a public street or highway that remains in the same location on a short-term basis shall:

1.Not conduct business or operate on the same block for any longer than allowed by parking restrictions on the block, but in no event for longer than 60 minutes, and shall not within a period of four hours again operate such vehicle within the limits of such block;

2.Not conduct business or operate within one block of any public or private school grounds on days that school is open between the hours of 8:00 a.m. and 5:00 p.m.;

3.Not conduct business within one block of any City park at which a City-approved and permitted special event is taking place without having obtained a special event permit;

4.Only conduct business from a licensed vehicle or licensed trailer on a public street while parked in a legal parking space;

5.At all times operate in compliance with the California Vehicle Code, the Monterey Motor Vehicles and Traffic Code and all posted parking, stopping and standing restrictions;

6.Not encroach onto a public sidewalk with any part of a vehicle, wagon, trailer or truck or any other equipment or furniture related to the operation of the business without a minimum eight-foot clearance;

7.Comply with all applicable food labeling requirements established by the State of California;

8.Provide garbage and recycling receptacles for immediate use by customers; and

9.Pick up, remove and dispose of all garbage, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring.

h. Long-Term Operation on Public Streets.In addition to the requirements in subsections (a) through (f) of this section, a mobile food vending vehicle that remains in the same location on a public street or highway for longer than 60 minutes shall:

1.Operate exclusively for the time periods designated in the long-term mobile food vendor permit and from the location(s) designated in the permit, which may include only the following public streets:

a.Cass Street;

b.Del Monte Avenue between Camino El Estero and Camino Aguajito;

c.Dela Vina Avenue, west of Highway 1;

d.Ramona Avenue, west of Highway 1;

e.Hannon Avenue, west of Highway 1;

f.Garden Road;

g.Harris Court;

h.Thomas Owens Way;

i.Mandeville Court;

j.Justin Court;

2.Comply with all posted parking time limits;

3.Comply with all applicable laws and regulations relative to access to bathroom facilities;

4.Comply with all operating conditions imposed in the long-term mobile food vendor permit;

5.Comply with all applicable food labeling requirements established by the State of California;

6.Not encroach onto a public sidewalk with any part of a vehicle, wagon, trailer or truck or any other equipment of furniture related to the operation of the business without a minimum eight-foot clearance;

7.Provide garbage and recycling receptacles for immediate use by customers;

8.Pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring;

9.Not conduct business or operate within one block of any public or private school grounds on days that school is open between the hours of 8:00 a.m. and 5:00 p.m.; and

10.Not conduct business within one block of any City park at which a City-approved and permitted special event is taking place without having obtained a special event permit.

i. Operation on Private Property.In addition to the requirements in subsections (a) through (f) of this section, a mobile food vending vehicle on private property shall:

1.Have written documentation of the property owner’s authorization to operate on the property in their possession while operating in the City;

2.Not remain in any single location in excess of two hours in any 24-hour period without obtaining a conditional use permit or a temporary use or special event permit as provided in Chapter 38 of this code;

3.Confine the entire operation on the private property, including queuing of patrons;

4.Comply with all applicable food labeling requirements established by the State of California;

5.Provide garbage and recycling receptacles for immediate use by customers; and

6.Pick up, remove and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed from the vending vehicle and any residue deposited on the street from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where mobile food vending is occurring.

j.Peddling or vending without a business license or a mobile food vendor permit and/or in violation of conditions imposed in this section or in a business license or mobile food vendor permit is a misdemeanor punishable as provided in Section 1-7. Vending beyond the period authorized for parking shall constitute a separate and distinct offense. (Ord. 3540 § 3, 2016; Ord. 3531 § 2, 2015; Ord. 3513 § 2, 2015)