Interim Food Vending Group Site Regulations FREQUENTLY ASKED QUESTIONS

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1 See Oakland Municipal Code Chapter 5.51 Food Vending Group Site Pilot Program for the complete regulations. 1. What do the recently adopted interim regulations for Food Vending Group Sites allow? At their December 20th Meeting, the City Council adopted interim regulations to establish a pilot permit program for Food Vending Group Sites in limited areas in Council Districts 1, 2, 3 and 4. These interim regulations will be in place until January 1, 2013; after which time, they are expected to be replaced with permanent citywide regulations that staff is currently in the process of developing. a. What is a Food Vending Group Site? A Food Vending Group Site is defined as the stationary operation three (3) or more mobile food vendors clustered together on a single private property site, public property site, or within a specific section of public right of way. Other important definitions include: Mobile food vendor, which is defined as a person who is engaged in mobile food vending; and Food vending unit, which is defined as a truck, trailer, or other movable wheeled equipment or vehicle from which mobile food vending occurs. Types of Food Vending Group Sites: A1 & A2. Private and Public Property (non ROW) B. Right of Way (ROW) Temporary Street Closure Short term encroachment permit from Oakland Police Dept. is also required C. ROW Street Curbside Parking Short term encroachment permit from Oakland Police Dept. is also required + Additional review of appropriateness related to traffic, bicycle, pedestrian safety, and American with Disability Act (ADA) requirements b. Where are Food Vending Group Sites allowed? With the granting of a Food Vending Group Site permit, Food Vending Group Sites may be allowed in areas that are: in Council Districts 1, 2, 3 and 4, AND; in a CN Neighborhood Center Commercial zone; CC Community Commercial zone; CR Regional Commercial zone; C 40 or C 45 Commercial zone; CBD Central Business District C, X, or P zone; CIX, IG, IO, M 20, M 30, or M 40 Industrial zone (not including any such designation on Port of Oakland property); OS Open Space RSP, CP, NP, AMP, PMP, LP, SU, or AF zone (not including any such designation north of Highway 13); S 1 Medical Center zone; S 2 Civic Center zone; or RU Urban Residential 4 or 5 zone, as such terms are defined in the Oakland Planning Code, AND; Not within 100 feet of a school, park, or Full service, Limited service or Fast Food Restaurant (as defined by the Oakland Planning Code (Title 17), unless written permission is provided by the property owner, AND; Not within 300 feet of any other approved Food Vending Group Site.

2 These regulations shall not apply to areas of Oakland subject to the Pushcart Food Vending Program set forth in Chapter 5.49 of the Municipal Code, or the Vehicular Food Vending Program set forth in Chapter 8.09 of the Municipal Code. To the extent that there is any express conflict between the interim regulations in this Chapter and other regulations in the Oakland Municipal and Zoning Codes, the regulations in this Chapter shall take precedence. c. Is there a limit to the number of Food Vending Group Site dates I can apply for? An Applicant may apply for a Food Vending Group Site Permit to operate Group Site events that occur no more than two (2) days per week and up to forty (40) total days over a twelve month period. d. How long can I operate? The specific hours of operation will be determined by the City, and may not exceed more four (4) hours of food vending operation on any day of permitted Group Site activity. 2. Are mobile food vendors that are not part of an approved Group Site allowed to operate in Oakland? Currently, individual Mobile Food vendors are only permitted with a Food Vending Permit in limited areas of the City, as designated by Oakland Municipal Code (OMC) Chapters 5.49 Pushcart Food Vending and 8.09 Vehicular Food Vending, respectively; or with the granting of a Major Conditional Use Permit (CUP) in all other areas of the City where a Fast Food Restaurant Commercial Activity (as defined by the Oakland Planning Code) is conditionally allowed. Individual Mobile Food vendors are not currently allowed to operate anywhere in the city within the public right of way (e.g. parking a food truck on the street), except: a) through the granting of a Special Event Permit by the Oakland Police Department, b) by passage of an ordinance or resolution establishing and regulating a street market in the city, or c) after initiation of the new interim Group Site pilot program, when an individual mobile vendor is approved to participate in a Food Vending Group Site event that has also been granted a short term encroachment permit for use of the public right of way. City staff is currently in the process of developing a comprehensive new mobile food vending program that will address all of the following forms of Mobile Food Vending, including: Individual mobile food vendors operating at one location during hours of operation on public or private property, outside of any right of way; Individual mobile food vendors operating at one or more locations during hours of operation within the street portion of public right of way (with a permitted temporary street closure or other right of way encroachment); Individual pushcart food vendors operating at one or more locations during hours of operation within the sidewalk portion of a public right of way; and Permanent regulations for the review of food vending Group Sites, which refers to the stationary operation of three (3) or more mobile food vendors clustered together on a single private property site, public property site, or within a specific section of public right of way. (To the extent possible, staff will fold as much of the interim Group Site Pilot Program regulations into the permanent regulations). 2

3 Staff anticipates bringing new citywide draft Mobile Food Vending regulations to the CED Committee in early Check the Mobile Food Vending website for more up to date information. 3. What is the relationship of the interim Mobile Food Vending Group Site Pilot Program to existing regulations for Vehicular Food Vending and Pushcart Food Vending (O.M.C. Chapters 8.09 and 5.49, respectively). The interim Food Vending Group Site Pilot Program will not contradict or supersede the existing regulations pertaining to food vending areas established by OMC Chapters 8.09 and 5.49, which will remain in place. It is anticipated that both the interim Food Vending Group Site Pilot Program and the regulations in O.M.C. Chapters 8.09 and 5.49 will be replaced by new comprehensive citywide food vending program that staff is currently in the process of developing. For more information about the permit requirements for the pushcart and vehicular food vending programs in limited areas along certain major corridors east of Lake Merritt, please contact the Building Services Division at (510) or visit their offices at 250 Frank H. Ogawa Plaza, Room 2114 on the 2nd Floor. 4. Who applies for the Food Vending Group Site permit? Only the Food Vending Group Site Event Organizer ( Applicant ) will be able to apply for the permit. Individual mobile food vendors that participate as part of the event would not have to obtain separate Group Site permits, but rather only need to provide proof of a valid City of Oakland business tax certificate and Alameda County Health Permit. The Group Site Event Organizer would be both the Applicant on the Permit and the Responsible Party to ensure that all conditions of the Permit are met (which are elaborated upon below), as well as for the purpose of determining liability for any damage to City or public facilities. 5. Can I apply for more than one Food Vending Group Site permit? Yes, but no individual, group, or legal entity may hold more than two (2) Food Vending Group Site Permits at the same time. Permits are not transferable in any form to any other person, and permits are tied to the Group Site location specified on the application. 6. What permits/approvals are required to operate a Food Vending Group Site? The Food Vending Group Site Organizer will need to apply for and be approved for a Food Vending Group Site permit from the City of Oakland, which will only be granted upon determination by the City Administrator that an application is complete and meets the standards and criteria set forth in Oakland Municipal Code Chapter This includes conducting required public notice, submitting proof of consent from any Business Improvement District (BID) or Community Benefit District (CBD) in the area, as applicable; and submitting proof of valid City of Oakland Business Tax Certificate, County of Alameda Health Department Certificate (for all individual vendors), and any other required City permits, including, but not limited to, those required for any connection to on site utilities, right of way encroachments, temporary street closures, or use of public property. Please be advised if Applicants or their vendors owe fees for back business taxes or special police services, applicants must clear these debts prior to submitting their application. You can contact Phil Lim with the Business Tax Office at and for Police Services, Erica Vazquez at for questions regarding monies owed to the City. 3

4 7. How do individual vendors obtain a Business Tax License if individual vending is not currently permitted in Oakland outside of the limited areas designated by Municipal Code (OMC) Chapters 5.49 Pushcart Food Vending and 8.09 Vehicular Food Vending? We do not require vendors to possess an actual license at the time of application, but rather proof of application and payment for an Oakland Business Tax Certificate. In other words, we need to see that you have begun the process to become a licensed business. The process is as follows: Organizers and all Vendors must complete Business Tax Certificate Application Forms. The Organizer then submits completed application forms for himself/herself and each Vendor as part of the permit package. If they are consistent with the Vendor List provided by the Applicant, the City Administrator Special Activity Permits Office will sign off on these forms and return them to the Applicant to provide to his/her vendors. The Organizer then pays for his/her Business Tax Certificate. Concurrently, vendors are responsible for returning their forms to the Business Tax Office and paying for the Business Tax Certificate. Upon payment, an individual will be provided with a receipt or acknowledgement of payment. This acknowledgement of payment from the Business Tax Office is sufficient evidence for the purposes of the Group Site permit. Finally, the Organizer is responsible for turning in all Acknowledgement notices to CAO as part of the application package. If these documents are turned in within 5 business days of submitting an otherwise complete application package, the 5 days can be considered part of the 30 day period the CAO has to respond to the application. If all of the Acknowledgement forms are returned after more than 5 business days then the 30 day period will start when the forms are actually turned in. If a vendor fails to return his/her Acknowledgement, they will not be allowed to participate in a Group Site event. 8. Do I need to know exactly where and when I want to operate a Food Vending Group Site? Yes, you will need to identify the particular location of your proposed Food Vending Group Site so that the City can review the site in relation to the allowed Council and zoning districts, your proposed site s proximity to specified uses, as well as compliance with other Municipal and Planning Code requirements. You must specify at least ONE desired vending date with your application, and preferably all dates you anticipate using (for instance, every Monday and Wednesday for the next 12 weeks); however, we are willing to allow applicants to add new dates to an approved application after initial submission of the permit application (not to exceed a total of 40 dates). 9. Can I be approved to operate a Food Vending Group Site on a property that someone else owns? Yes, if you can provide written permission by the property owner that you have been authorized to operate a Food Vending Group Site on his/her property. 10. Can I be approved to operate a Food Vending Group Site in a City park or within 100 feet of a City park? Yes, but only if you submit with your Food Vending Permit application written permission from both the City Department of Parks and Recreation, as the property owner, and the Parks and Recreation Advisory Commission (PRAC), who will make the determination as to whether any Food Vending Group Sites will be permitted in a City park or within 100 feet of a city park, and what additional information and fees may need to be submitted. Contact the PRAC Director's office at (510) for more information. PRAC meetings are held on the second Wednesday of every month at the Lakeside Park Garden Center, 666 Bellevue Avenue. 4

5 11. Can I be approved to operate a Food Vending Group Site at a public school or within 100 feet of a public school? Yes, but only if you submit with your Food Vending Permit application written permission from the property owner, in this case the Oakland Unified School District (OUSD), that you have been authorized to operate a Food Vending Group Site at a public school or within 100 feet of a public school. 12. Can I be approved to operate a Food Vending Group Site within 100 feet of a Full service, Limited service or Fast Food Restaurant? Yes, but only if you submit with your Food Vending Permit application written consent from each restaurant owner within 100 feet, indicating that he or she has no objections to the proposed Food Vending Group Site locating within one hundred (100) feet of their restaurant (as defined by the Oakland Planning Code, Section Use Classifications). 13. Can I be approved to operate a Food Vending Group Site from the public right of way (e.g. the street)? Yes, but only if Applicants interested in proposing a Food Vending Group Site in the public right of way (ROW) complete the Short Term Encroachment Permit and Street Closure Petition forms from the Police Department Special Events Unit, and submit these documents with your Food Vending Permit application form. Street Encroachment/Enclosure Application materials and more information may be obtained online or by contacting Nancy Marcus, Special Business Permits at (510) You may also call or visit the Special Events Office of the Police Department s Eastmont Substation located at: rd Avenue, Oakland, CA (at the Eastmont Town Center), Phone: (510) Please call ahead to ensure that Police staff are available to assist to you (since their schedules may vary due to prevailing staffing needs). If vendors plan on parking in a metered city parking space during business hours (8pm to 6pm), additional fees will apply. The City is in the process of determining which fees will apply. This response will be updated when more information is available ( ). 14. I need to go through neighborhood notice. What does this mean? Applicants with complete and conforming Food Vending Group Site permit applications will be required to send notice of the proposed Group Site operation, in a form approved by the City, to all property owners, business owners, and building occupants located within three hundred (300) feet of the proposed Group Site location. Notice will also need to be given to any Business Improvement District (BID) or Community Benefit District (CBD) in the area and to the applicable Council District office. The City can provide a list of property owner and street addresses within the required 300 foot notice radius. The notices will be prepared by the City, but copying and delivery is the responsibility of the Applicant. A good faith effort to contact business owners is also required (physically delivering notices to current businesses). Notification must be provided by mail or hand delivery, and be completed by the applicant, as indicated on the notice provided by the City. 15. Can I be approved to operate a Group Site at more than one location? Yes, but as stated earlier, no individual, group, or legal entity may hold more than two (2) Food Vending Group Site Permits at the same time. No one location may have more than four (4) total permitted events per week. 5

6 16. Can new vendors join a Group Site permit or replace existing permitted vendors? Once a Food Vending Group Site Permit has been issued, the maximum number of food vendors allowed to operate at the Group Site location as a condition of the Permit shall not be increased at any time. However, the Applicant/Group Site Organizer may submit a Vendor list as part of the original Permit application that includes a greater number of Vendors than would participate as part of the Group Site on any one particular date in order to have the flexibility to swap among Vendors on the approved list. If an Organizer wishes to make changes to this approved list of Vendors, he/she must request their changes in writing and provide the applicable Vendor information to the City Administrator at least three days prior to the first date the new Vendor is proposed to start participating at the Group Site. 17. How much will the permitting cost? A nonrefundable application fee of $ would be assessed upon application for a Food Vending Group Site Permit. If the desired site or date is not available or already assigned to another Applicant, the nonrefundable application fee may be applied to a new application from the same Applicant for a different proposed location and date/time. For applicants with complete and conforming applications, a notification fee of $ would also be charged. An Applicant may either leave a check with the CAO at the time an application is submitted, or pay the noticing fee after you receive confirmation from the City Administrator s Office that your application preliminarily conforms with City requirements; the check will only be cashed after the CAO determines that an Application preliminarily conforms with City requirements and the Applicant may proceed with the required notification. If a Group Site permit and its first vending date are approved, there is per event fee of $ for each additional vending date beyond the first (not to exceed two dates per week and 40 dates per year). In addition, there may be other permits/certificates and inspection fees, including but not limited to: Alameda County Environmental Health Department (for Group Site event sponsors or individual vendors) for more information go to or call (510) ; Oakland Business Tax Certificate: All persons who conduct business in the City of Oakland are required to file and pay an annual business tax. For more information call or visit the Business Tax Office, at 250 Frank H. Ogawa Plaza #1320, 1st floor, in Downtown Oakland; phone (510) or online: Oakland Police Department Special Events Unit: if a proposed event would require short term encroachments into the public right of way or street closures ($35 per up to 2 consecutive days of street closure or encroachment activity); see question 12 above for contact information; Oakland Building Services Division: if electrical or other building permits are required. For more information go to: or contact the Building Services Division at (510) or visit their offices at 250 Frank H. Ogawa Plaza, Room 2114 on the 2nd Floor. Oakland Fire Department: if use of propane or an open flame is proposed (flames contained within trucks are not considered open flames but separate trailers or barbeque grills do count as an open flame). For more information go to or contact the Fire Department at (510) or visit their offices at 250 Frank H. Ogawa Plaza, Room 3341 on the 3rd Floor. 6

7 18. How long will the Group Site permit review take? No later than thirty (30) days after submittal of a complete application, the City Administrator shall approve, conditionally approve, or deny Food Vending Group Site Permit applications based on the standards and criteria set forth in Oakland Municipal Code Chapter 5.51 Food Vending Group Site Pilot Program. These criteria include: The extent to which Applicant will be actively engaged in conducting and organizing the Event. We encourage a close partnership with approved vendors and surrounding businesses. Previous experience in food vending or similar group activity. We will look at the applicant s history of complying with ordinances and laws pertaining to business regulation, food service, and health as indicative of their ability to operate successfully. Level of site amenities proposed for Group Site and whether the location will add vitality, pedestrian activity, and spillover economic activity to the neighborhood. 19. What operating standards must vendors at a Group Site abide by? Please see Section of Oakland s Municipal Code (or the original ordinance online at for a complete list of operating standards. These include complying with ADA requirements regarding the maintenance of adequate unobstructed area for travel along sidewalks, not locating in any required parking spaces (per Planning Code) for any other uses located on a parcel, keeping the site clean, and parking on paved areas only. Additionally, there are requirements regarding the proper disposal of garbage and waste: no direct discharge of any liquids into City storm drains is allowed; fats, oils and grease (FOGs) need to be handled and disposed of properly, and recycling receptacles must be set up & maintained. The City also prohibits the use of styrofoam for food containers. 20. Do I need to provide recycling receptacles? Yes, each Food Vending Group Site must set up the appropriate recycling receptacles for each date of operation. While the City requires formal Recycling Plans to be submitted for very large events, this is not required for Food Vending Group Sites at this time. If you have questions about how to obtain and/or set up recycling facilities, contact the City s Recycling Hotline at (510) (SAVE). 21. Can pushcarts participate in an approved Group Site? Yes, Food Vending Group Site Permit applications may include sites for Pushcarts, but only if a majority of the designated vending spaces on site are reserved for mobile food trucks/trailers; no Group Sites shall be composed exclusively of Pushcarts or have a majority of Pushcarts. 22. Where do I get/submit an application? Where can I get more information? Application materials may be obtained from the Office of the City Administrator Special Business Permits, located at 1 Frank H. Ogawa Plaza, 11th Floor, Oakland, CA or downloaded from the City Administrator s webpage. Contact Nancy Marcus at or nmarcus@oaklandnet.com for further information. 7

8 23. How do I lodge a complaint against a mobile food vendor that is operating illegally? Contact Nancy Marcus, Administrative Assistant for Special Business Permits for the City of Oakland, at or nmarcus@oaklandnet.com to lodge a complaint against a vendor or report any concerns you may have. 24. What are the fees and rules that apply to Group Sites that propose to occupy metered curbside parking spaces? The table below summarizes the recently approved fees for occupying curbside parking spaces and when they apply. The fee to occupy metered parking spaces during the hours between 8am and 6pm was inadvertently left out when City staff originally created the Mobile Food Vending Group Site Program. The new fees were approved by the City Council at the Tuesday, March 20th meeting. The new fee is based on the City s regular parking meter fees of $2 per hour. Therefore, fees are set at $2 per hour, per metered space, per group site operation date for maximum of 5 hours or prorated for a portion of the hour. An additional fee of $3.10 per sign (or replacement sign) to cover the cost of the no parking signs is also required. One sign is required for each reserved parking space. Payment of the fee as part of an approved Food Vending Group Site permit allows the permit holder to reserve the metered parking spaces for the specified time and date (provided that the Food Vending Group Site permit has posted the no parking signs at least 72 hours in advance of the Group Site operation). The new fee will allow the City to recover the parking revenues that would be lost if a Food Vending Group Site Permit was issued for metered spaces without assessing the fee, as well as to recover sign materials. The lost parking meter revenue would have negatively affected the City General Fund. Group Site Location 1. No Street Closure 2. Temporary Street Closure A. Metered parking spaces (8am 6pm) B. Metered parking spaces after 6pm or non metered parking spaces at anytime $2 per hour per metered space per group site operation date for maximum of 5 hours or prorated for a portion of the hour; plus $3.10 per no parking sign per metered space. $3.10 per no parking sign per parking space Short term encroachment permit ($35 per 2 consecutive days of events) $2 per hour per metered space per group site operation date for maximum of 5 hours or prorated for a portion of the hour; plus $3.10 per no parking sign per metered space. Short term encroachment permit ($35 per 2 consecutive days of events); plus $3.10 per no parking sign per metered space. Please keep in mind that food trucks are typically longer than one metered parking space, and fees will need to be paid for every space occupied. As a general rule, assume four (4) parking spaces will be utilized by three (3) food trucks. In addition, should a Group Site event elect to temporarily close a street, the appropriate fees will need to be paid for all meters within the closed area. 8

9 25. What if we want to add to the number of approved trucks/mobile food vendors to a Group Site after a permit for the location has been approved? Adding trucks or vendors above the number approved on the original permit would be considered a new application and require a new application fee, noticing, new site plan and all other required application materials. This is primarily because the initial evaluation (and supplementary materials, such as consent letters) of the application by the neighborhood and other notified parties will be based on a specific layout and a maximum number of mobile food vendors. It may be possible to make modifications to this policy in the future as part of consideration of the permanent citywide mobile food regulations. For example, the pilot program regulations could be revised to include a less onerous process for revisions of approved permit applications. In order to avoid going through a new application process, it would be advisable for an Organizer to include a greater number of trucks in the original application than he/she may be considering having at the outset of their operations so that the event may grow to the permitted number. On any particular permitted Group Site operation date, the City will only require that a minimum of three (3) trucks are present. In this way, City staff and the affected neighborhood will have full information at the time the original application is evaluated. 26. What if fewer than 3 trucks show up on any vending operation date? The City recognizes that occasionally circumstances outside of the control of the Organizer may result in fewer than three (3) trucks for a permitted Group Vending activity. For instance, a vendor may unexpectedly get a flat tire or have other vehicle issues or fall ill without leaving enough time for the Organizer to arrange for another approved vendor to fill in. While the City urges an Organizer to have a robust list of approved vendors and contingency plans to avoid this situation, the City understands that the rare instance may occur where there are fewer than three trucks at any particular Group Site operation date. However, repeated violations will be regarded as a potential reason to suspend or revoke a permit, as frequent occurrences would be interpreted as a failure to meet the basic permit requirements. If it arises such that fewer than 3 trucks will be present on a Group Site operation date, an Organizer should immediately inform Nancy Marcus (preferably via ) of the situation. 9