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Res 15-046RESOLUTION NO 15 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING A POLICY FOR MOBILE FOOD VENDORS WITHIN A COMMUNITY SERVICES FACILITY WHEREAS, a Community Services facility includes parks, recreation facilities, and cultural facilities owned, leased, or under the jurisdiction of the City of Poway; and WHEREAS, there are requests from Facility Use Permit applicants to utilize a mobile food vendor exclusively for their event held within a Community Services facility, and WHEREAS, mobile food vendors may be invited to participate at a City- sponsored special event held within a Community Services facility, and WHEREAS, when in a Community Services facility, mobile food vendors are placed in a location designated by staff in a controlled setting, and WHEREAS, Subsection (A) of section 9 48 240 of the Poway Municipal Code prohibits the sale of items within a Community Services Facility without the authorization of the Director of Community Services (the "Director "), and WHEREAS, a Mobile Food Vendor Policy sets forth the circumstances and requirements which must be met, at a minimum, in order for the Director to authorize a mobile food vendor within a Community Services facility; and WHEREAS, a Mobile Food Vendor Policy within a Community Services facility is not intended to address mobile food vendors on the public rights -of -way NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Poway hereby adopts the Mobile Food Vendor Policy (Exhibit 1), which shall be incorporated by reference into the City of Poway Community Services Department Facility Rules and Regulations Policy PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a regular meeting this 3rd day of November 2015 teve Vaus, Mayor ATTEST r<czaX4,-�._ 9(ez,—�— Rosa Maria Martinez, Deputy City Clerk Resolution No 15 -046 Page 2 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I Rosa Maria Martinez, Deputy City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 15 -046 was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of November 2015, and that it was so adopted by the following vote AYES LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES NONE ABSENT NONE DISQUALIFIED NONE Rosa Maria Martinez, Deputy City Clerk City of Poway Exhibits 1 Policy for Mobile Food Vendors Within a Community Services Facility Resolution No 15 -046 Page 3 Exhibit 1 City of Poway Community Services Department Policy for Mobile Food Vendors Within a Community Services Facility 1 1 Subsection (A) of section 9 48 240 of the Poway Municipal Code prohibits the sale of items within a Community Services Facility without the authorization of the Community Services Director- "9 48.240 Soliciting, selling and advertising A. No person shall sell or offer for sale any goods, wares, articles or merchandise, or practice, carry on, conduct or solicit for any trade, occupation, business or profession within a City Community Services facility without the authorization of the Director Nothing in this provision shall prohibit sales of articles or solicitations by nonprofit organizations that are otherwise allowed by law " A "Community Services facility" includes parks, recreation facilities, and cultural facilities owned, leased, or under the jurisdiction of the City of Poway 1 2 For the purposes of this policy, a mobile food vendor includes a catering truck or other self - contained mobile unit moved by motorized or non - motorized means from which edible items and beverages are vended or sold 1 3 Mobile food vendors shall be allowed within a Community Services facility, at the sole discretion of the Community Services Department, under either of the following circumstances 1) By invitation of the Community Services Department for a special event 2) In conjunction with an approved facility use permit. Vending is restricted to the permitted rental group 14 The Community Services Department retains the right to approve participation of vendors at City- sponsored events, taking into consideration the nature of the events, e g , family - friendly, family - orientated events with particular themes, and other City priorities 1 5 The Community Services Department retains the right to give preference to local nonprofits and organizations that benefit Poway 1 6 Based on event suitability, as determined by the Director, the Lake Poway Concessionaire and Old Poway Park restaurant operator will be given the first right of refusal to food sales at City- sponsored events held within the respective parks Resolution No 15 -046 Page 4 1 7 All mobile food vendors must comply with the County Health Codes 1 8 All mobile food vendors must possess a City of Poway Business License Information and the application are available at www Poway.org /business or at the Customer Services Division located in City Hall 1 9 All mobile food vendors must supply insurance that meets the City's current insurance requirements 20 Mobile food vendors within a Community Services facility may only operate in areas designated by staff 21 A standard fee equivalent to 15% of gross revenue shall apply to all mobile food vendors authorized to sell at a Community Services Department event.