Res 13-034 RESOLUTION NO. 13-03;4
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING 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 has been a significant increase in the number of requests from
Facility Use Permit applicants to utilize a mobile food vendor exclusively for their event held
within a Community Services facility; and
WHEREAS, from time to time, mobile food vendors may be invited to participate at a
City-sponsored special event held within a Community Services facility; 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 Community Services 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 Community Services
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 1st day of October 2013.
Don Higginson, Mayor
ATTEST:
EL
Sheila R. Cobian, CMC, City Clerk
Resolution No. 13-034
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 13-034 was duly adopted by the City Council at
a meeting of said City Council held on the 1st day of October 2013, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
She]. R. Cob n MC, City Clerk
City of Poway
Exhibits
1. Policy for Mobile Food Vendors Within a Community Services Facility.
Resolution No. 13-034
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.
1.4 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
Resolution No. 13-034
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first right of refusal to food sales at City-sponsored events held within the
respective parks.
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 Solicitor's 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.
2.0 Mobile food vendors within a Community Services facility may only operate
in areas designated by staff areas.
2.1 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.