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8J Consent 2014 0602
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8J Consent 2014 0602
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6/11/2014 4:00:53 PM
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5/28/2014 11:38:45 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/2/2014
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_CC Agenda 2014 0602 RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0602
Reso 2014-054
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\City Clerk\City Council\Resolutions\2014
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File Number: 14-194 <br />waste are addressed in this ordinance through compliance with the Alameda County <br />Environmental Health Department permit. <br />Shoreline Recreation Area <br />The existing peddler ordinance prohibits mobile food vending, except for ice cream, in the <br />Shoreline Recreation Area , which includes the San Leandro Marina. The prohibition includes <br />both private/public property and the public streets. As stated above, the California Vehicle <br />Code precludes any regulations that prohibit mobile food vending on public streets. The <br />proposed ordinance will permit this activity on the Shoreline’s public streets . The proposed <br />Zoning Code amendments will not permit the activity on private or public property zoned CR, <br />Community Recreation District. Revisions to the existing Peddler/Solicitor ordinance are <br />recommended to comply with state law pertaining to vending on public streets. <br />Inspections, Revocation & Enforcement <br />Inspections may be performed by City representatives at any time while the business is <br />operating within the City. Access must be provided by anyone working on the mobile food <br />vending permit and the business license and health department permits must be on display. <br />The Mobile Food Vending Permit revocation process follows the business license revocation <br />procedures. The violations and enforcement section outlines the authority granted to the City <br />Manager to administratively require removal or relocation of mobile food vending units <br />whenever it appears that the activities are having an adverse impact. Additional enforcement <br />actions can be taken with the issuance of code violation citations, authority to tow mobile food <br />vending units, and suspension of mobile food vending permits. These procedures ensure a <br />mobile food vendor’s due process rights through an appeal procedure . <br />Business License Tax & Fees <br />A general theme coming out of the discussions with the Food Truck Mafia group and individual <br />mobile food vendors is that the existing fee structure is cost prohibitive and outdated. <br />Currently, each mobile food vendor must have a separate peddler permit for themselves and <br />each employee in the mobile food vending unit and all employees must be fingerprinted in <br />conjunction with a background check. Typically, a mobile food vendor has an average of three <br />employees, which would require a business license tax of approximately $390 annually for <br />each mobile food vending unit, not including any special event/outdoor facilities permit fee of <br />$400, or any zoning entitlements (private/public property) of $100. <br />Although this fee structure was tolerable for catering trucks that work a fixed route and focus <br />their business in San Leandro, the cost burden is particularly acute for the more modern <br />“gourmet” food trucks. This is because the newer trucks work over a far broader territory and <br />may need to obtain permits in 10-20 different cities. <br />Over the past year, staff granted flexibility to the mobile food vendors by working with them on <br />alternative fee scenarios while preparing this ordinance. However, a more simplified and <br />affordable business license tax structure is necessary in order to continue attracting and <br />promoting the upscale, gourmet style mobile food vending businesses that the City, residents, <br />and businesses desire. <br />The existing breakdown for a peddler/solicitor business license tax for a three-employee <br />operation is as follows: <br />Page 5 City of San Leandro Printed on 5/27/2014
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