§ 184.83.

MOBILE FOOD FACILITY APPLICATION AND FEE PROVISIONS

a.

Every person desiring a Mobile Food Facility permit pursuant to this Article shall file an application with the Director upon a form provided by the Director and shall pay a filing fee of $125.00, a notification fee of $200.00, and an inspection fee of $383.00 for a single Location for the Mobile Food Facility. Each additional Location shall require payment to the Department of a notification fee of $200.00 per Location, an inspection fee of $383.00 for the first additional Location and an inspection fee of $191.50 per each additional Location. Separate fees shall be paid to the Department of Health and the Fire Marshal for the annual approvals required by each department for a valid permit under this Article. The fees for the Department of Public Health are set forth in the Business and Taxation Code.

b.

Half of the required fees for a single Location and half of the fees for any additional Location(s) shall be paid at the time of application submission and the remainder of the total fee amount shall be paid at the time of the Director’s decision on the permit. No refunds are available if the Department disapproves a permit or a Permit Location.

c.

Every Permittee desiring to change the Location of the Mobile Food Facility, modify the hours of operation to allow service after 8 p.m., or add a new Location(s) during the term of the annual permit, shall file an application with the Director upon a form provided by the Director and shall pay a filing fee of $85.00 for each Location change or addition of a new Location(s), a notification fee of $200.00 per Location, and an inspection fee of $191.50 per Location. Such requests shall be processed in the same manner as a new permit.

d.

Permit Renewal, Annual Renewal Fee, Permit Expiration.

1.

Every Mobile Food Facility permit is subject to an annual renewal filing fee of $125.00 per permit. In addition, if during the course of the preceding year the Department received one or more substantiated complaints against the permit Location(s) or filed one or more notices of violation against the Permit, the Department shall assess an additional processing fee of $159.50 per permit. The Department also shall charge inspection fees as follows: $576.00 the first two (2) Locations where substantiated complaints were received or notices of violation filed and $288.00 per each additional Location where substantiated complaints were received or notices of violation filed. Said fees are payable to the Department. Separate annual fees shall be paid to the Department of Health and the Fire Marshal for the approvals required by each department for a valid renewal permit under this Article. The annual renewal fees for the Department of Public Health are set forth in the Business and Taxation Code.

2.

Any Mobile Food Facility permit that the Director renews is not operative unless and until the Mobile Food Facility Vendor has obtained an annual renewal of his or her Certificate of Sanitation for the Department of Public Health and approval from the Fire Marshal.

3.

The permit renewal date shall be the date that the Director issues his or her decision to renew the permit or conditionally renew the permit.

4.

Permits are renewed annually so long as the Mobile Food Facility remains in compliance with this Article, including payment of all fees due to the City. Annual renewal of a permit does not constitute issuance of a new permit and does not require notice under Section 184.88. Notwithstanding the above, if, as part of a permit renewal, the permittee is changing the Location that the Mobile Food Facility serves, adding a new Location(s), changing the hours of operation to serve a Location later than 8 p.m.; or making other changes to the Mobile Food Facility that the Director determines requires public notice, the Department shall treat such changes as the equivalent of a new permit and require the applicant to satisfy the requirements associated with applying for and obtaining a new permit.

5.

Permit Expiration. A permit shall be deemed to expire seven (7) years from the anniversary of the original permit issuance date as long as the permittee remains in compliance with this Article during that term. If the permittee elects to pursue a new permit six (6) months prior to such expiration, the existing permittee may apply for a new permit under the same terms as the existing permit and shall be given priority over any other applicants. The only required notice under this Subsection shall be an electronic notice issued by the Department to any individual(s) or organization(s) that have requested such notification by the Department, except that any permittees who have received three (3) or more Notice of Violations by the Department in a period of 24 months prior to their permit expiration shall be required to satisfy all noticing requirements of Section 184.88 of this Article. Any new permit issued in accordance with the terms of this Subsection shall be subject to all applicable provisions of this Article. Subject to Section 184.88, if a protest is filed to request a Departmental administrative hearing on the new permit, the permittee may continue to operate under the provisions of the old permit until a decision is rendered by the Director of Public Works on the new permit.

6.

If an existing permittee seeks a new permit for the same Location in accordance with the terms of Subsection (d)(5), but that Location no longer satisfies the requirements of Section 184.85, the Director, under such circumstances, shall strive to authorize a temporary or permanent relocation of the Mobile Food Facility to a comparable Location that meets the requirements of Section 184.85. Any such authorization shall be in writing and available at the Mobile Food Facility prior to issuance of a new permit. Notice related to the proposed temporary or permanent relocation of the Mobile Food Facility shall be subject to all applicable noticing requirements set forth in Subsection (d)(5).

7.

If a permittee for a Mobile Food Facility has a valid permit for a specific Location dated on or before July 1, 2013, said permittee is exempt from Subsection (d)(5) as long as the such permittee complies with all other applicable terms of this Article. As part of any permit issuance, renewal, or transfer pursuant to this Article, the Department shall include reference to the original granting date of the Mobile Food Facility permit.

e.

The fees set forth in this Section are subject to the fee review and adjustment procedures of Section 2.1.2.

f.

Each Mobile Food Facility shall require a separate permit pursuant to this Article. Each permit issued pursuant to this Article shall be valid for only those Locations and hours of operation that the Department approves as set forth in this Article.

g.

Notwithstanding Subsection (f), the Director may issue a single permit or permits to an assigned Location(s) for multiple Mobile Food Facilities. The fees for such permit shall be the filing, notification, and inspection fees for a single Location. Under such circumstances, Director also may charge additional permit fees as set forth in Section 2.1.3. All Mobile Food Facilities operating under a single Location permit shall comply with all other provisions of this Article.

h.

The Board of Supervisors reserves the right to charge a public right-of-way assessment fee for occupation of the right-of-way by a Mobile Food Facility.

History

(Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

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