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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director
Subject: Municipal Code Amendment to permit food
carts and vegetable stands.
Dept: Community Development
Date: April 5, 2011
MCC Date: April 18, 2011
Synopsis of Previous Council Action:
Recommended Motion:
That the matter be referred to the Legislative Review Committee for review.
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Contact Person: Terri Rahhal, City Planner
Phone: 5357
Supporting data attached:
Staff Report;
Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: N/ A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Municipal Code Amendment to permit food carts and vegetable stands.
Backe:round:
Several sections in Title 5 of the Municipal Code regulate and restrict various forms of soliciting,
peddling and selling goods from a temporary stand or booth. In particular, Section 5.04.370
Seller from Booth or Stand - Peddler- Flags, Banners, Balloons, Toys, Food and Confections,
prohibits selling foods and other products from a booth or stand, except in conjunction with a
carnival or similar activity. Section 5.04.495 Transient Merchants/Vendors and Temporary
Businesses Prohibited, prohibits sales of any manufactured items, home-made products,
packaged or unpackaged goods, and agricultural products from a temporary stand or other
temporary location in any public right-of-way, or other public place, or in any unenclosed
building, building for which no certificate of occupancy has been issued, vacant lot, driveway,
parking lot or parcel of land, either paved or unpaved, at any time.
Staff has been approached by parties interested in introducing food carts or coffee carts in
commercial areas. Also, the Healthy San Bernardino Coalition supports community gardening as
an ideal way to increase access to healthy, locally grown produce. Produce stands are vital to this
access, and also provide revenue for continuing operation of the gardens.
Analvsis:
The Municipal Code Sections cited above serve to prohibit transient vendors on street comers
and vendors with push-carts throughout the city. They also prohibit any outdoor food carts or
temporary produce stands of any kind. Staff is investigating other cities' regulations and
permitting processes for these uses, and would like to recommend standards and a permit process
for certain food carts to be located in specific locations and for temporary produce stands to be
permitted at community gardens as an amendment to the Development Code. The conflicting
sections in Title 5 of the Municipal Code would have to be amended also, subject to the review
and recommendation of the Legislative Review Committee of the Council.
Financial Impact:
None
Recommendation:
That the matter be referred to the Legislative Review Committee for review.
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