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Adelanto food truck vendor laws on the table at the next council meeting

ADELANTO, Calif. ( — The City of Adelanto is seeking to adopt new rules regarding food truck vending.

“The City’s police powers extends to regulating food truck vending to further public health,
safety, and welfare,” stated Adelanto City Staff.

The City is planning to enact its powers based on California Vehicle Code Section 22455, which prevents cities from prohibiting food truck vending in residential areas, however, it allows the authority for cities to put in place public safety requirements for the time, place, and manner of food truck vending on any street.

On Wednesday, November 9, 2022, the City of Adelanto Councilmembers will meet to discuss the proposed adoption of Ordinance No. 638, also referred to as “Food Trucks”, drafted to regulate food truck vending within the City of Adelanto.

The word “Vend or vending” is defined in the new city ordinance as meaning to sell, offer for sale, display, barter, or exchange, and the giving of food or food products from a food truck.

Food trucks, per the ordinance, are defined as any motorized device or vehicle, and those towed by such vehicles, such as carts, from which food is prepared and or sold. This includes vehicles such as ice cream trucks, and those preparing and selling more “low-risk” food items such as shaved ice.

The new ordinance will require Food truck operators to submit an application to obtain a City-issued food truck permit, as well as hold a City business license.

“The food truck operator shall maintain and supply to the city, copies of policies of commercial general liability and automobile liability, in an amount of no less than $1,000,000.00 per occurrence, naming the City as an additional insured,” per the ordinance.

The permit application requires submission of a valid County-issued health permit and payment of permit fees.

This ordinance excludes sidewalk vendors, and permits are not required for food trucks operating as a caterer for private events while on private property and not vending to the general public, as well as food trucks vending at City approved temporary special events.

Food truck vending will be limited to the following hours in residential areas between 8:00 a.m. through 8:00 p.m. Sunday through Thursday, and 8:00 a.m. through 9:00 p.m. Fridays and Saturdays.

In all other areas, vending will be limited to the hours of 7:00 a.m. through 11:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:59 p.m. on Fridays and Saturdays.

In addition, the “Food Trucks” ordinance will not allow for tables, chairs, or stools, to be placed by the food truck, and food trucks shall not operate within fifty (50) feet of a fire hydrant or within twenty-five (25) feet of a bus stop.

Violations are punishable as an infraction or misdemeanor, or as an administrative violation with a fine not exceeding $1,000.

Some unresolved matters noted by city staff include the food truck permit fee, which has not yet been set, However, a separate ordinance regulating food truck activity along Highway 395 will be drafted to incorporate City Council input and direction.

The regular meeting for the Adelanto City Council will be held November 9th, 2022, at 7 P.M., in the City Council Chambers at the Adelanto Governmental Center located at 11600 Air Expressway, Adelanto.

The public is allowed to be physically present inside Council Chambers and public participation is also call-in or via written correspondence.

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