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
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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.