HomeMy WebLinkAboutCED Establishment of Mobile Food Vending Program and Revised Ordinance____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 20, 2025
Disposition: Introduced the Ordinance, waived further reading and referred to it by title only x
Resolutions 15468 x 15469
Agenda Item No: 7.b
Meeting Date: October 20, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development Department
Prepared by: Greg Minor, Assistant Director City Manager Approval: ______________
TOPIC: ESTABLISHMENT OF MOBILE FOOD VENDING PROGRAM AND REVISED
ORDINANCE
SUBJECT: INTRODUCTION OF (1) AN ORDINANCE AMENDING TITLE 10 (BUSINESSES,
PROFESSIONS, OCCUPATIONS, INDUSTRIES AND TRADE) OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, TO ADOPT CHAPTER 10.50, MOBILE
VENDING PERMIT PROGRAM; (2) A RESOLUTION TO ADD MOBILE VENDING
PROGRAM FEES TO THE CITY’S MASTER FEE SCHEDULE FOR FISCAL YEAR
2025-2026; AND (3) A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL ENFORCEMENT MEMORANDUM OF UNDERSTANDING
WITH THE COUNTY OF MARIN; CEQA DETERMINATION: EXEMPT PURSUANT TO
CEQA GUIDELINES SECTION 15061(B)(3)
EXECUTIVE SUMMARY:
This report proposes the establishment of a Mobile Food Vending Program in San Rafael, through the
adoption of an ordinance that would add Chapter 10.50 to the San Rafael Municipal Code, the addition
of related fees to the City's Master Fee Schedule, and the execution of an agreement with the County of
Marin to strengthen the City’s enforcement capabilities. The proposed measures aim to regulate mobile
vending within the City of San Rafael while complying with State regulations, ensuring health, safety, and
maintaining sanitary conditions.
RECOMMENDATION:
Staff recommends that the City Council introduce the above-referenced ordinance, waive further reading
of the ordinance, and refer to it by title and adopt the above-referenced resolutions to add mobile vending
fees to the City’s Master Fee Schedule for fiscal year (FY) 2025-26, and authorize the City Manager to
enter into a memorandum of understanding (MOU) with the County of Marin.
BACKGROUND:
I.Recent State Legislation to Encourage Mobile Vending
Before 2019, local jurisdictions had sole authority to regulate or ban sidewalk vending. However, the
State Legislature limited local control of sidewalk vending in 2019 when the Legislature passed Senate
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Bill (SB) 946 to promote entrepreneurship and support immigrant and low-income communities. SB 946
decriminalized sidewalk vending, prohibited local governments from banning it, and limited local
ordinances seeking to regulate sidewalk vending to those that address objective health, safety, or welfare
concerns. Under SB 946, violations of a local authority’s sidewalk vending ordinance may only be
punished by a series of administrative fines that increase in scale as the number of violations increases,
or by revocation of a sidewalk vending permit (See Government Code Section 51039.) Furthermore, SB
946 established that violations of a local ordinance, including vending without a permit, may only be
penalized with administrative fines and cannot be punished as infractions or misdemeanors. Despite
these restrictions, SB 946 does provide the following expressly permitted regulations:
• Cities may prohibit stationary vendors in residential zones outright;
• Cities may prohibit sidewalk vendors from locating near certified farmers’ markets;
• Cities may prohibit all sidewalk vending in a park (including beaches or open space areas) if a
city has an exclusive concessionaire agreement for that site;
• Limitations on hours of operation that are not unduly restrictive;
• Requirements to maintain sanitary conditions and ensure compliance with the federal Americans
with Disabilities Act;
• Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or
a valid business license; and
• Requiring compliance with other generally applicable laws (e.g., fire safety and health code
requirements).
SB 946 also provides that cities can enact additional regulations, provided they serve the objective health,
safety, and welfare concerns. The proposed ordinance incorporates the above-listed regulations and
provides additional regulations that are directly tailored to the City’s objective health, safety, and welfare
concerns.
In 2022, the California Legislature passed SB 972. SB 972 simplified the requirements for street vendors
by introducing street vending, including a new type of retail food facility called “compact mobile food
operation” (CMFO) into the food code, and limiting the equipment requirements originally established for
food trucks. SB 972 defines a CMFO as a mobile food facility that operates from an individual or from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
Like SB 946, SB 972 limits violations of the California Retail Food Code for CMFOs to administrative
fines.
In terms of local implementation, the Environmental Health Services Division within the County of Marin’s
Community Development Agency oversees the permitting of mobile vendors and enforces related laws.
The Environmental Health Services Division derives its authority from California Health and Safety Code
Sections 101275 and 101280, which authorize Environmental Health staff to undertake inspections,
enforcement, permitting, investigations, and emergency actions in accordance with state and local
regulations.
II. San Rafael’s Experience with Unpermitted Mobile Vending
Much like other local jurisdictions across California, San Rafael has seen a rise in mobile food vending
following the passage of SB 946, resulting in both positive and negative outcomes. The principal benefit
of increased mobile vending is expanded access to culturally relevant and affordable food options. This
benefit is particularly critical in the Canal neighborhood, as it has the second-highest proportion of people
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
living below the federal poverty level among all census tracts in Marin County.1 Additional benefits of
mobile vending include increased neighborhood vitality through more eyes on the street, as well as
entrepreneurial opportunities for food vendors.
Unfortunately, increased mobile vending has also led to a variety of negative impacts. For example, food
consumed from food vendors not permitted by Marin County’s Environmental Health Services Division
has led to food-borne illnesses. Likewise, vendors operating without a permitted commissary have
resulted in the improper disposal of grease and garbage in the public right-of-way, which has attracted
vermin. Additionally, vending on narrow sidewalks can limit or prevent people in wheelchairs from using
the sidewalk, and excessive noise and odors/fumes from late-night vending have disturbed residential
neighbors. City staff have observed people walking into traffic or vehicles double-parked, which creates
traffic hazards.
To address the negative impacts of unpermitted food vending, the Community and Economic
Development (CED) Department’s Code Enforcement Division has partnered with staff in Marin County’s
Environmental Health Services Division on numerous mobile vending educational and enforcement
operations. These operations include educating vendors on health permitting requirements, issuing
administrative citations, and seizing and disposing of unsanitary food. While these efforts have reduced
the overall amount of unpermitted vending in the City, these operations redirect limited Code Enforcement
staff resources from other City priorities, and unpermitted vending continues.
In May and June 2025, the City of San Rafael partnered with County Environmental Health Services,
Code Enforcement, and Parking Enforcement to conduct several coordinated operations addressing
unpermitted food vending. Across these operations, City staff contacted 36 vendors, issued 11 code
enforcement citations, and gave 15 warnings. County staff confiscated food from 11 vendors. In addition,
Parking Enforcement issued 20 citations, and one arrest was made for public intoxication.
Similarly, in July and August 2025, Code Enforcement coordinated morning and evening operations with
County Environmental Health and the Police Department to address mobile vending. In these operations,
City staff contacted 32 vendors, County staff impounded food from unpermitted vendors, and City staff
issued eight administrative citations. Additionally, since August 1, SRPD has responded to 24 vendor-
related incidents, most of which were calls for service, with varied outcomes. Of these, three were
cancelled by the reporting party before officers arrived, one resulted in advice being given, three led to
citations for other violations, six were gone on arrival, nine were handled, one was deemed unfounded,
and one resulted in a warning.
City staff has prepared maps showing the locations of recent code enforcement complaints, which are
provided as Attachment 4.
Most vendors were cooperative, and community members in the Canal neighborhood expressed
appreciation for the City’s efforts to promote health, safety, and fair use of public spaces. Staff estimates
that roughly 25 percent of the vendors were from San Rafael, with the remainder coming from outside of
the area.
Ultimately, as part of the City of San Rafael’s Fiscal Years 2025-2028 Strategic Plan, the City Council
has adopted the following Goal: E.6.1 Revise the Street Food Vending Ordinance and develop an
implementation, enforcement, and communications plan.
1 See Marin County Priority Communities Data Explorer:
https://marincounty.maps.arcgis.com/apps/instant/lookup/index.html?appid=7fbb628711ac4d74a4f1ed4d6fa391a4
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
III. Impoundment of Equipment
To address unpermitted vendors undeterred by administrative citations or the impounding of their food,
the CED Department has conferred with Marin County Environmental Health Services staff regarding the
impounding of equipment from unpermitted vendors, which the County has the legal authority to do. The
County has communicated that they are open to exploring this strategy; however, they are currently
unable to impound equipment due to operational capacity constraints. Consequently, City and County
staff have developed a Memorandum of Understanding (MOU) to coordinate enforcement strategy with
the County Environmental Health Services Division, and with the City assisting the County with the
transport and storage of pounded food-handling equipment. The goal of the MOU is to establish
procedures that protect the safety of consumers while respecting the rights of vendors, ensure the safety
of inspectors, and pragmatically utilize available resources.
ANALYSIS:
Staff recommends adopting a three-prong approach to mobile vending in San Rafael: (i) strengthening
the City’s enforcement tools; (ii) providing multiple paths to legalization; and (iii) supporting local
entrepreneurship.
I. Strengthening Enforcement Tools
A. Adopting a Mobile Vending Ordinance
Staff recommends adopting a mobile vending permitting ordinance to establish time, place, and manner
restrictions for mobile vending to address the harmful impacts associated with unpermitted vending. For
example, the proposed mobile vending ordinance requires mobile food vendors to comply with the health
and safety requirements outlined in the California Retail Food Code, ensuring that the food sold by
vendors is safe for consumption. Similarly, the proposed ordinance requires vendors to maintain a litter-
free area within the vicinity of their vending location and properly dispose of any grease. Likewise, the
proposed mobile vending permitting program requires vendors to provide sufficient space on sidewalks
for the passage of people with disabilities. It prohibits late-night vending as well as vending that causes
excessive noise. In terms of locations, the proposed mobile vending permitting program limits stationary
vendors to commercial and industrial zones with buffers from bus stops, business entrances and exits,
other vendors, schools, farmers’ markets, and special events to minimize obstructions of the public right
of way and egresses out of private property. Finally, the proposed ordinance also requires vendors to
comply with business and sales tax requirements that apply to all businesses.
B. Partnering with the County of Marin and Adding Code Enforcement Resources
To ensure compliance with these requirements, staff recommend exploring both enhanced enforcement
strategies and resources. With respect to new enforcement strategies, staff recommends that the City
Council authorize the City Manager to enter an MOU with the County of Marin. The MOU will authorize
CED Code Enforcement Division staff to support the work of the Marin County Environmental Health
Services Division in temporarily storing equipment used by unpermitted food vendors. Unlocking this
enforcement strategy is critical to addressing repeat violators who are undeterred by administrative
citations to protect the public health and safety. Additionally, partnering with the County of Marin on
enforcement operations offers “safety in numbers” for City and County staff, enhances communication
across agencies, and maximizes bilingual resources to ensure government agencies can effectively
communicate with vendors.
In addition to new enforcement strategies, in the short term, staff recommend utilizing $50,000 in funding
available in CED’s contractual services budget to fund a third-party consultant to enforce mobile vending
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
laws during peak vending seasons. This external resource is essential, as CED Code Enforcement staff
are only available to address unpermitted mobile vending on overtime, as they are responsible for
implementing various fee-based programs during their regular hours, namely the Housing Inspection
Program (HIP), Massage Inspection Program (MIP), Short Term Rentals, and the Residential Building
Resale (RBR) Program. Staff will evaluate the effectiveness of utilizing a third-party consultant for mobile
vending enforcement and incorporate CED’s findings in the CED Department’s fiscal year 2026-27
budget proposal if CED determines additional ongoing funding for these services is critical.
II. Providing Multiple Paths to Legalization
Beyond introducing local regulatory requirements, establishing a mobile vending program provides
multiple paths to legalization for vendors, which in turn will offer San Rafael residents a variety of
affordable food options. For instance, consistent with SB 946, the proposed ordinance imposes no limit
on the number of mobile vendors in the City. Additionally, the proposed ordinance allows mobile vendors
to vend from both eligible sidewalk locations and private property, provided the property owner authorizes
vending on their property. This private property option, administered under San Rafael Municipal Code
(SRMC) Section 14.17.130 (Temporary Uses)2, presents an opportunity for vendors to collaborate and
create a food park destination for customers, similar to the successful Mitote Food Park in Santa Rosa.
Ultimately, between private and public property locations, the proposed ordinance offers multiple
opportunities for San Rafael residents to continue accessing affordable food.
III. Supporting Local Entrepreneurship
Establishing a mobile vending program also presents an opportunity for San Rafael to support local
immigrant and low-income entrepreneurs, aligning with the intent of SB 946. Accordingly, staff
recommend utilizing $25,000 in funds available in CED’s contractual services budget to pilot a local
vendor priority program. In this program, CED will collaborate with a community-based organization to
identify local vendors, assist them in navigating mobile vending compliance requirements, and explore
creating a food park destination on private or public property. This program thus offers a “win-win-win”
scenario by improving local entrepreneurs’ ability to succeed, reducing accessibility conflicts by directing
foot traffic away from sidewalks, and ensuring compliance with food safety requirements through bilingual
technical assistance.
In terms of timing, staff intend to lay the foundation for the local vending program over the fall and winter
of 2025 and implement the program in the spring and summer of 2026 in time for peak vending season.
Specifically, following City Council adoption of a mobile vending ordinance, staff will undergo a
procurement process to identify a community-based organization to manage the project and then work
with the organization to develop an outreach strategy with mobile vendors. The community-based
organization will then work with vendors to ensure their compliance before the spring of 2026. Staff will
implement this program on a one-year pilot basis and evaluate whether to continue or modify the program
going forward.
IV. Fee Considerations
2 SRMC Section 14.17.130 (Temporary Uses) provides the CED Department Director with authority to impose
performance standards on uses of one year or less, including traffic and litter control measures, emergency
egress requirements, and hours of operation. If a temporary use is successful and the applicant seeks to extend
beyond one year, the applicant can apply for a Conditional Use Permit with the CED Department.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Staff recommends charging nominal application and permit fees during the initial phase of the mobile
vending program to avoid discouraging vendors from obtaining a mobile vendor permit. Another reason
to assess a nominal fee is that it is unlikely that mobile vending permitting fees will generate enough
revenue to support the addition of staff positions. For additional context, Figure One below offers a
comparison of mobile vendor permitting fees adopted by other local jurisdictions, which demonstrate that
local jurisdictions often charge a nominal permitting fee or avoid charging a permitting fee altogether,
particularly at the inception of mobile vending programs.
Figure One: Local Jurisdictions’ Mobile Vending Permitting Fees
Jurisdiction Application/Permit Fee
Hayward $0
Novato $312-$370
Oakland 3 $412-$497
Richmond $103.66
Santa Rosa $25
Staff recommends an application fee of $25.00. In addition to the application fee, the mobile vending
permitting ordinance requires mobile vendors to comply with existing business and sales tax
requirements.
COMMUNITY OUTREACH:
Over the last year, the City has received and gathered feedback and insights on mobile vending in San
Rafael from brick-and-mortar businesses, residents, and mobile vendors alike. This engagement included
meetings with brick-and-mortar businesses in the Canal neighborhood who expressed frustration at the
uneven playing field between their businesses and unregulated mobile vendors. Likewise, staff
participated in a meeting with Voces del Canal to hear concerns regarding the lack of food safety and the
need to educate mobile vendors on regulatory requirements. Finally, staff have engaged directly with
mobile vendors through both the Together San Rafael Academy and Code Enforcement's educational
and enforcement efforts. This item was also discussed at a meeting of the Economic Development
Subcommittee on September 25, 2025.
FISCAL IMPACT:
Adoption of the proposed legislation will have a minimal fiscal impact on the City, as CED’s mobile
vending enforcement efforts and the local vendor pilot program will rely on CED’s existing Fiscal Year
2025-26 budget.
ENVIRONMENTAL DETERMINATION:
Both the proposed ordinance and resolutions are exempt from the California Environmental Quality Act
(CEQA), pursuant to the “common sense exemption” in Section 15061(b)(3) of Title 14 of the California
Code of Regulations, since it can be seen with certainty that there is no possibility that the adoption of
this legislation may have a significant effect on the environment.
OPTIONS:
The City Council has the following options to consider on this matter:
3 During the City of Oakland’s initial phase of its current mobile vending permitting program the City of Oakland did not require
mobile vendors to submit any application or permitting fees.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
1. Adopt the proposed legislation as drafted.
2. Adopt the proposed legislation with amendments.
3. Direct staff to return with more information.
4. Do not approve the proposed legislation.
RECOMMENDED ACTION:
Staff recommends that the City Council introduce the above-referenced ordinance, waive further reading
of the ordinance, and refer to it by title and adopt the above-referenced resolutions to add mobile vending
fees to the City’s Master Fee Schedule for fiscal year (FY) 2025-26, and authorize the City Manager to
enter into a memorandum of understanding (MOU) with the County of Marin.
ATTACHMENTS:
1. Draft Ordinance
2. Resolution to Adopt Mobile Vending Program Fees
3. Resolution Authorizing the City Manager to Enter into an Interlocal Enforcement Memorandum
of Understanding with the County of Marin
4. Draft Interlocal Enforcement Memorandum of Understanding with the County of Marin
5. Maps of Vending Complaints
6. Ordinance Overview
4935-3821-1405 v3 1
ORDINANCE NO. 2053
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 10
(BUSINESSES, PROFESSIONS, OCCUPATIONS, INDUSTRIES AND TRADE) OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, TO ADOPT CHAPTER 10.50,
MOBILE VENDING PERMIT PROGRAM
WHEREAS, California Constitution, article XI, section 7, authorizes the City of San
Rafael (“City”) to adopt and enforce local police, sanitary, and other ordinances
and regulations that are not in conflict with the general laws.
WHEREAS, Senate Bill (SB) 946 (2018), codified at Government Code section
51036, et seq. authorizes the City to regulate sidewalk vending to help protect
public health and safety.
WHEREAS, the City has seen a rise in mobile vending, particularly unpermitted
food vending, in recent years, resulting in the spread of food -borne illnesses,
blockage of the public right of way, litter, and improper disposal of grease, among
other nuisance issues; and
WHEREAS, mobile vending offers a low-cost pathway to entrepreneurship as well
as affordable food options for community members; and
WHEREAS, the City now desires to add SRMC 10.50, Mobile Vending Permit
Program , to help regulate the sale of food, goods, and merchandise to ensure
compliance with health and safety requirements while ensuring the accessibility of
affordable food options and local entrepreneurship opportunities; and.
WHEREAS, it is necessary to adopt requirements regulating the time, place, and
manner of sidewalk vending in order to protect public health, safety, and welfare ;
and
WHEREAS, Section 403.5.1 of the 2010 ADA Standards for Accessible Design
generally requires sidewalks to have a minimum width of 3 feet for compliance with
the Americans with Disabilities Act, and the City desires to protect access to public
rights-of-way by disabled persons; and
WHEREAS, it is necessary to adopt additional requirements regulating the time,
place, and manner of sidewalk vending in parks owned or operated by the City in
order to: (1) address health, safety, and welfare concerns; (2) ensure the public’s
use and enjoyment of natural resources and recreational opportunities; and (3)
prevent an undue concentration of commercial activity that unreasonably interferes
with the scenic and natural character of the parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
Section 1. Adoption of Regulation of Mobile Vendors
4935-3821-1405 v3 2
Section 10.50 of the Municipal Code of the City of San Rafael is hereby added to read as
follows:
Chapter 10.50 REGULATIONS OF SIDEWALK VENDORS
10.50.010 Purpose.
A. The purpose of this chapter is to establish a permitting and regulatory program for
sidewalk and other mobile vendors that complies with Government Code Section
51036, et seq.
B. The City Council finds that to promote the public health, safety and welfare,
regulating mobile vending is necessary to ensure no unreasonable interference
with the flow of pedestrian or vehicular traffic including ingress into, or egress from,
any residence, public building, place of business, park, areas located within the
immediate vicinity of a permitted certified farmers' market and a permitted swap
meet, an area designated by a temporary special permit issued by the City, street
to the sidewalk, and by persons exiting or entering parked or standing vehicles.
C. Prohibiting sidewalk vending in streets and medians is necessary to protect the
health and safety of vendors and their patrons, because they are at risk of being
struck by vehicles and/or causing vehicular accidents if vending occurs in streets
or medians.
D. Limiting mobile vending hours of operation within residential neighborhoods to
specific daylight hours consistent with a residential atmosphere is necessary to
protect the safety of vendors and residents who would be more vulnerable to
criminal activities during evening hours, and to promote the welfare of the residents
by prohibiting commercial activities and associated noise and traffic during hours
when residents should be able to enjoy peace and quiet.
E. These regulations ensure continuous access for the use and maintenance of
sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting
apparatus, and mailboxes, as well as access to locations used for public
transportation services.
F. These regulations ensure such activities occur only in locations where they will
not restrict sidewalk and pathway access and enjoyment by individuals with
disabilities pursuant to the Americans with Disabilities Act of 1990 and other
disability access standards.
G. These regulations reduce exposure to the City for personal injury or property
damage claims and litigation.
10.50.020 Definitions.
As used in this chapter, the following terms and phrases shall have the meaning ascribed
to them in this section, unless the context in which they are used clearly requires
otherwise. If a term or phrase is not defined in this section or elsewhere in this code, the
most common dictionary definition is presumed to be correct.
4935-3821-1405 v3 3
"Above-ground structure" means any structure affixed to a sidewalk, including, but not
limited to, a streetlight, tree well, parking meter, utility structure, utility box, bike rack,
scooter corral, mailbox, trash can, elevator, kiosk, newspaper rack, picnic shelter, bench,
table, wall, sign pole, traffic signal pole, signal pushbutton pole, and stairs.
"Alcoholic Beverage" shall have the same meaning as defined in Section 8.18.010 of this
code, or any successor section.
"Applicant" means any person who has applied for a Mobile Vending Permit to be a mobile
vendor in the City.
"Cannabis" means the substances defined in Section 10.96.040 of this code, or any
successor section.
"City" means the City of San Rafael.
"Certified farmers' market" means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and
any regulations adopted pursuant to that chapter, or any successor chapter.
"Concessionaire" means the holder of an exclusive agreement with the City for the sale
of food or merchandise in a City-owned park.
"Conveyance" means any non-motorized wheeled device used to carry persons or
property and includes pushcarts, pedal-driven carts, and wagons.
"Civic Center" means the buildings, facilities, and parking lots or areas including City Hall
location at 1400 Fifth Avenue, San Rafael, California, or at such other place as may be
designated by the Council, fixed as the meeting place for all official meetings of the
Council.
"Director" means the Director of Community and Economic Development Department, or
their designated representative.
"Emergency vehicle access" means the roadway, path, or other surface that provides
police or fire vehicular access from the dispatched point of origin to a facility, building,
parcel, park or portion thereof. Emergency vehicle access includes, but is not l imited to,
fire lanes, public and private streets, parking lot lanes, access roadways, trails, and
walkways.
"Food" means any type of human edible substance, including any food product or
beverage as provided in Health and Safety Code Section 113781, or any successor
section.
"Fire station" means any facility where fire engines and other equipment of the San Rafael
Fire Department are housed.
"Goods" means items, personal property, merchandise, or any other similar item that is
generally sold, including food and beverages.
4935-3821-1405 v3 4
"Hardscape" means paving material, including tiles, mortared pavers, decomposed
granite, colored or patterned concrete with a tile, brick, or stone appearance, or a paving
material with enhanced concrete that has an exposed aggregate, colored, or salt fini sh.
"Hearing officer" means an impartial individual designated to determine appeals.
"Heating element" means any device used to create heat.
"Impound" means to seize or take custody of mobile vending cart, equipment, utensils,
food or merchandise (collectively classified as "items") because of a violation of any
applicable law or regulation.
"Major transit stop" means the portion of a site designated as the passenger loading area
that contains any of the following: an existing rail transit station, a bus or rail transit
service, or the intersection of two or more major bus routes with a servic e interval of 15
minutes or less during the morning and afternoon peak commute periods.
"Merchandise" means any goods or item(s) that can be sold and immediately obtained
from a mobile vendor, which is not considered food. Items for rent shall not be considered
merchandise. Merchandise does not include services.
"Mobile Vending Permit" or "permit" means a permit established by this chapter that has
been issued to any applicant engaging in mobile vending activities in the City.
"Mobile vendor" means a person(s) who sells food or merchandise from a vending cart or
from one's person, upon a public sidewalk or on private property. It includes both roaming
vendors and stationary vendors.
"Mobile vendor activities" or "mobile vending activity" means actions that qualify a person
as a mobile vendor or actions done in anticipation of becoming a mobile vendor such as,
but not limited to, installation, placement, or maintenance of any mobile ve nding cart.
"Park" means any area dedicated or established as a public park or open space owned
or operated by the City, including, without limitation, active and passive parks.
"Pathway" or "pedestrian pathway" means a paved or improved path, or walkway used
primarily for pedestrian travel, other than a sidewalk. Pathway or pedestrian pathway
does not mean the grassy areas of parks.
"Person" means one or more natural persons, groups, businesses, business trusts,
companies, corporations, joint ventures, joint stock companies, partnerships, entities,
associations, clubs, or organizations composed of two or more individuals (or the
manager, lessee, agent, servant, officer, or employee of any of them), whether engaged
in business, nonprofit or any other activity.
"Portable cooking equipment" means any gas-fueled appliance used to heat, cook, or
prepare food or beverages on a conveyance by a mobile vendor.
4935-3821-1405 v3 5
"Public property" means all property owned or controlled by the City, including, but not
limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and trails.
"Public right-of-way" means a public easement for streets, alleys, or other uses, other
than a sidewalk.
"Residential" means any area zoned exclusively as residential in the zoning code.
"Roaming mobile vendor" means a mobile vendor who moves from place-to-place and
stops only to complete a transaction.
"School" means an institution of learning that offers instruction in those courses of study
required by the education code or that is maintained pursuant to standards set by the
State Board of Education. This definition does not include a vocational or pro fessional
institution or an institution of higher education, including a community or junior college,
college, or university.
"Services" means activities involving the performance of work for others or the provision
of intangible items that cannot be returned once they are provided. Examples include, but
are not limited to, hair braiding, face painting, massage, yoga, fortune tel ling, tattooing,
and dog training.
"Sidewalk" means a public paved or hardscape sidewalk, parkway, pedestrian path,
walkway or other public right-of-way specifically designed for the exclusive use of
pedestrian travel. A sidewalk shall not include streets, alleys, medians, plazas, or City -
owned parking lots or structures.
"Stationary mobile vendor" means a mobile vendor who vends from a fixed location.
"Street" means a public or private vehicular right-of-way other than an alley or private
drive.
"Swap meet" means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that chapter, or any successor chapter.
"Temporary special permit" means a permit issued by the City for the temporary use of,
or encroachment on, the sidewalk or other public property, including, but not limited to,
an encroachment permit, special event permit, or temporary event permit, for pu rposes
including, but not limited to, farmers' markets, swap meets, filming, fireworks show,
parades, athletic events, public assemblies, carnivals, fairs, walks, runs and marathons,
festivals, shows, seasonal or holiday events and outdoor concerts or perf ormances.
"Trail" means a paved pathway (which may consist of decomposed granite) designed to
be used primarily by bicyclists, horses and other modes of transportation including Class
1 (off street) trails and riding and hiking trails as denoted in the general plan other than
primarily for pedestrian travel.
4935-3821-1405 v3 6
"Vend" or "vending" means to barter, exchange, sell, offer for sale, display for sale, or
solicit offers to purchase food or merchandise. Vend and vending does not include the
offering of services.
"Vendor" or "vending cart" means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle
as defined in the vehicle code.
10.50.030 Permit Required.
A. No person, for either themselves or any other person, shall engage in any mobile
vendor activities within the City without first applying for and receiving a business
license from the City's Finance Department, and a Mobile Vending Permit from the
City's Community and Economic Development Department in accordance with this
chapter.
B. A Mobile Vending Permit is not required for a certified farmers' market, swap meet,
or any activity or event authorized by a temporary special permit.
10.50.040 Permit Application.
Every person, prior to engaging in, conducting, or carrying on the business of mobile
vending, shall file an application with the Community and Economic Development
Department on a form approved by the City Manager or designee. Such an application
shall be accompanied by a nonrefundable application permit fee if such a fee is adopted
by the resolution of the City Council, and shall contain, at a minimum, identifying
information about the applicant and business, the items that will be sold, the location of
the mobile vending, including the location for fixed mobile vending and the rout e for
roaming mobile vending, hours of operation, and other information deemed necessary to
determine compliance with Chapter."
10.50.050 Investigation and Action Upon Permit Application.
A. Determination of Completeness. The Director shall, within 30 calendar days of
application submission, review the submission of any application for a Mobile
Vending Permit to determine if the application contains all of the requisite
information set forth in Section 10.50.040. Any application that is missing required
information or that is not accompanied by the requisite fee shall be deemed
incomplete and shall not be processed by the Director. In such case, the Director
shall issue a notice of incompleteness to the applicant specifying the information
that is missing resulting in the incomplete application. Failure of the applicant to
submit the missing information within 30 calendar days of the notice of
incompleteness shall be deemed an administrative withdrawal of the Mobile
Vending Permit application by the applicant.
B. Notwithstanding the provisions of this code, the Director shall approve the
issuance of a Mobile Vending Permit unless the Director determines that any of
the following disqualifications exist:
4935-3821-1405 v3 7
1. The applicant has failed to submit any of the information, documentation, or
fees required pursuant to Section 10.50.040;
2. The applicant does not possess all federal, state, and/or local permits,
licenses, certificates, and/or approvals required to engage in the activity
subject to the permit;
3. The applicant has made one or more materially false, misleading,
fraudulent, misstatements or misrepresentations in the application or
supplemental information;
4. The applicant's proposed vending activity, as described in the application,
is inconsistent with the standards, conditions, prohibitions, and
requirements set forth in this chapter;
5. The applicant has failed to demonstrate an ability to conform to the
standards, conditions, prohibitions, or requirements set forth in this chapter;
6. The conduct of the mobile vendor will interfere with traffic or pedestrian
movement, or interfere with or endanger the public peace or rights of nearby
residents to the quiet and peaceable enjoyment of their property, which
would result in a detriment to the public peace, health, safety, or general
welfare;
7. The conduct of the mobile vendor will unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment
to public property;
8. The conduct of such mobile vending activity will constitute a fire hazard,
even after all proper safety precautions are taken;
9. The conduct of such mobile vending activity will require the diversion of
police officers to properly police the area of such activity as to interfere with
normal police protection for other areas of the City;
10. The applicant has had a Mobile Vending Permit revoked within the previous
year;
11. The applicant has not paid all previous administrative fine(s), completed all
community service, or completed any other alternative disposition
associated in any way with a previous violation of this chapter;
10.50.060 Denial of Mobile Vending Permit.
A. If a Mobile Vending Permit is denied pursuant to this chapter, the applicant shall
be notified in writing of the denial of the permit, along with the grounds for denial.
The notice shall also advise the applicant of the ability to appeal the denial in the
manner set forth in Section 10.50.150(C). Notice shall be mailed to the applicant
at the address listed in the application.
10.50.070 Term of Permit and Renewal.
A. A Mobile Vending Permit issued pursuant to this chapter shall automatically expire
one year from the date issued unless an earlier expiration date is noted on the
permit.
4935-3821-1405 v3 8
B. Renewal of Permit. Any applicant who has been issued a Mobile Vending Permit
and seeks to continue mobile vending must renew the Mobile Vending Permit,
before the Mobile Vending Permit has expired, through the same application
process described in Section 10.50.040. A renewal is effective when approved by
the Director, not when the application is submitted. Unless timely renewed, any
Mobile Vending Permit issued pursuant to this chapter shall expire and become
null and void at the end of its term.
C. Renewal of Permit After Revocation. Any applicant whose Mobile Vending Permit
is revoked may not renew their permit or apply for a new permit within one year
from the date the permit is revoked.
10.50.080 Permit Non-Transferable.
A. A Mobile Vending Permit issued pursuant to this chapter shall not be transferable
to any other entity or person.
B. Any change in ownership, sidewalk operation or vending activity of an issued
Mobile Vending Permit requires the filing of a new permit application under this
chapter.
10.50.090 Conditions and Restrictions Imposed on Permit; Health and Safety
Justification.
A. Mobile vendors shall adhere to all operating conditions and requirements set forth
in this chapter, and all restrictions, limitations, and operating requirements set forth
in this chapter shall constitute conditions upon any Mobile Vending Permit issued
pursuant to this chapter.
B. The conditions, restrictions and operating requirements set forth in this chapter are
intended to protect the health and safety of vendors, their patrons, and the general
public for reasons including, but not limited to:
1. Reducing exposure to pedestrian versus vehicle contact;
2. Ensuring better visibility of drivers entering or exiting driveways;
3. Protecting access to public rights-of-way by disabled persons to comply with
the Americans with Disabilities Act;
4. Ensuring safe pedestrian pathways in areas commonly utilized by
pedestrians;
5. Preventing the appearance of "marketplace" vending on sidewalks which is
more likely to generate crowding on public sidewalks that would impede
pedestrians and disable use of sidewalks;
6. Reducing the chance pedestrians will enter vehicular rights-of-way or block
the entrance or exit of a business;
7. Reducing the danger that school children will enter into traffic and be injured
or killed trying to reach a vendor;
8. Reducing unnecessary or unanticipated slowing of vehicles approaching
onramps, immediately adjacent to curb and sidewalk, or exiting freeway off -
4935-3821-1405 v3 9
ramps where drivers are merging into oncoming traffic, all of which are likely
to cause accidents;
9. Reducing the possibility that drivers will be distracted in their line of sight by
a vendor in the way of oncoming traffic;
10. Causing visual distraction to the driving public;
11. Causing excessive noise that disturbs the peace;
12. Eliminating litter, refuse and food waste from the public rights -of-way; and
13. Reducing the likelihood of contamination deposited into the City's storm
drain system.
10.50.100 General Mobile Vendor Operating Requirements.
The following operating requirements and prohibitions shall constitute conditions of any
Mobile Vending Permit:
A. Sidewalk vendors shall operate in compliance with all applicable federal, state,
county, and City laws, ordinances, and regulations.
B. Stationary sidewalk vendors shall display a City-issued Mobile Vending Permit and
business license on the street-side portion of the City-approved vending cart. The
applicant who has been issued a Mobile Vending Permit shall always be at the
approved location while conducting vending activities except as permitted by law
for reasonable time away due to rest, restroom, and meal breaks.
C. Roaming mobile vendors shall display a City-issued Mobile Vending Permit and
business license on the City-approved vending cart; or if no vending cart is utilized,
a roaming sidewalk vendor shall keep the City-issued Mobile Vending Permit and
business license upon their person in a conspicuous manner at all times while
conducting vending activities. The applicant who been issued a Mobile Vending
Permit shall always be at the approved areas or route while conducting vending
activities except as permitted by law for reasonable time away due to rest,
restroom, and meal breaks.
1. Roaming mobile vendors shall move continuously except when necessary
to complete a sale. Notwithstanding the foregoing, the roaming mobile
vendors shall immediately move when necessary to provide access to the
sidewalk to avoid impeding the flow of pedestrian or other traffic.
2. Roaming mobile vending within any residential areas of the City is
prohibited daily between the hours of eight p.m. (8:00 p.m.) and eight a.m.
(8:00 a.m.) of the following day.
D. Mobile vendors shall comply with all applicable laws relating to the employment of
minors. Any minor assisting with or engaged in vending shall be accompanied by
a mobile vendor with a valid vending permit. Any and all actions of the minor related
to vending, including any violations committed by the minor, are attributable to the
sidewalk vendor.
4935-3821-1405 v3 10
E. No stationary sidewalk vendor shall vend, and no roaming sidewalk vendor shall
stop to make sales within the number of feet designated below from the nearest
portion of the following locations:
1. Within 25 feet of a fire hydrant or connection, fire lane, fire call box, or other
emergency facility;
2. On any designated emergency vehicle accessway;
3. Within three feet of the edge of any curb including areas of the curb to
provide for unobstructed access for loading and unloading, parking space,
access ramp designed for individuals with disabilities, public utility
providers, deliveries, police, fire or other essential service activities;
4. Within 25 feet of a bus stop, taxi stand, bus bench, or bus shelter;
5. Within 25 feet of any entrance, fire escape or emergency exit of any
business during the hours that the business is open to the public or to
persons having or conducting lawful business therein;
6. Sidewalk vendors shall not engage in sidewalk vending activities within 25
feet of another sidewalk vendor;
7. Within 500 feet of any permitted certified farmers' market, permitted swap
meet, or an area designated for use pursuant to a temporary special permit,
during the operating hours or duration of the certified farmers' market, swap
meet, or temporary special permit;
8. Upon any sidewalk that is within 100 feet of the nearest property line of any
property on which a school, a place of worship, or a child day-care facility is
located;
9. Upon any sidewalk that is within 100 feet of the nearest property line of any
property on which a private and post-secondary education, college or
university building or campus is located;
10. Within or on any median strip or dividing section of any street;
11. Within any landscaped area or on an unpaved surface;
12. Within 25 feet of any active encroachment permit issued and displayed
during the time and dates listed in the permit;
13. Within 25 feet of any outdoor dining or patio area of a business;
14. Within any public property that does not meet the definition of a sidewalk or
pathway including, without limitation, any alley, median, trail, street,
roadway, parking lot, or parking structure;
15. Within any private property without having first obtained current and valid
permits and licenses from the City for such activity and received express
written consent of the property owner or lessee of the property;
F. Mobile vendors shall not vend in a manner that blocks or obstructs the free
movement of pedestrians on sidewalks and must maintain a minimum of three feet
of accessible path of travel, without obstruction, along the sidewalk upon which the
vendor is vending so as to enable persons to freely pass while walking, running,
or using mobility assistance devices.
4935-3821-1405 v3 11
G. Mobile vendors shall not block any entrances to buildings, driveways, parking
spaces, or windows.
H. Mobile vendors shall not vend to customers in vehicles unless said vehicles are
lawfully parked and shall not cause vehicles to stop in traffic lanes or persons to
stand in traffic lanes.
I. Mobile vendors that sell food shall maintain a trash container in or on their mobile
vending station and shall not empty their trash into public trash cans. The size of
the vendor's trash container shall be considered when assessing the total size limit
of a stationary mobile vending. Mobile vendors shall not leave any location without
first picking up, removing, and disposing of all trash or refuse from their operation,
and returning the site to the condition present at the time the mobile vendor arrived.
J. Mobile vendors shall maintain the area immediately surrounding the vending area
in a clean and sanitary condition. Prior to leaving any vending location, the mobile
vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats,
oils, and grease) and litter generated by the vending operation (whether by the
vendor or customer) within 25 feet of the vending location. Mobile vendors shall
not cause, permit, or suffer any litter, food, or other discarded or abandoned object
to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain,
inlet, catch basin, or other drainage structure, or upon any public or private land in
the City.
K. Vending carts shall not be left unattended on the public right-of-way at any time.
L. Mobile vendors engaged in the vending of food or beverages shall have hand
sanitizer located in a conspicuous location readily available for use by customers.
M. All food and merchandise shall be stored either inside or affixed to the mobile
vendor station or carried by the mobile vendor. Food and merchandise shall not be
stored, placed, or kept on any public property. If affixed to the mobile vendor
station, the overall space taken up by the mobile vendor station shall not exceed
the size requirements provided in this chapter.
N. Roaming mobile vendors shall not use any portable cooking equipment, gas-fueled
appliance, or any open flame unless approved and permitted by the Director, San
Rafael City Fire Department and/or Marin County Environmental Health Services.
O. Mobile vendors who vend any food, beverage, or liquid product must implement
the following practices:
1. Possess spill kits that are comprised of paper towels, cloth towels, cat litter,
or sand at all times while vending;
2. Remove all spill materials from the public right-of-way and sidewalks once
the spilled material is absorbed off the ground;
3. Capture and prevent spills leaving the area and moving into the surrounding
streets from entering the stormwater conveyance system, including curbs,
gutters, and storm drains;
4. Properly dispose of grease, either by hiring and utilizing an on -site grease
collector or collection system, or at an acceptable facility; and
4935-3821-1405 v3 12
5. Ensure that any water or rinse residue used for vending activities (e.g.,
cooler water, ice, food preparation water) is not disposed in the curbs,
gutters, streets, drains, or on any public property.
P. Mobile vendors shall ensure that all customer queuing, waiting areas, or lines do
not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic
along, over, or across public property, and otherwise comply at all times with the
location-related restrictions set forth in this chapter relative to sidewalk vending
activities.
Q. During an urgent or emergency public safety event or incident, including, but not
limited to, a traffic accident, crime scene, medical emergency, gas leak, natural
disaster, fire, on-site construction, sidewalk or road work or related work on a
capital improvement project, the City may temporarily require the mobile vendors
to relocate to another location or area if doing so is necessary to protect the public
health, safety, or welfare.
R. Mobile vendors may only use an umbrella or temporary covering for shade or
protection from sun or rain over the vending cart, and it shall not exceed eight feet
in height nor five feet in diameter. Furthermore, the use of such an umbrella or
temporary covering shall be fire rated as flame-resistant as approved by the San
Rafael Fire Department for any vending activities while an approved heating
element or portable cooking equipment is in use.
S. Notwithstanding any specific requirements, conditions or prohibitions contained in
this chapter, mobile vending is prohibited at any location, public property or area
where the operation of mobile vending activities creates a reasonable danger to
the health, safety or general welfare of the public or property.
T. Mobile vendors shall present, upon request, a valid government-issued photo
identification, California driver's license or identification card, Mobile Vending
Permit, business license, and other applicable license or permit, to any City official
including a City code compliance officer, building inspector, police officer,
firefighter, fire prevention specialist or examiner, Marin County health inspector
authorized to enforce this chapter including to ensure the safe operation and any
heating elements or portable cooking equipment used to prepare food, as well as
to any person to whom they are vending.
10.50.110 Stationary Mobile Vendor Operating Requirements.
In addition to the general operating requirements set forth in Sections 10.50.100,
10.50.120 and 10.50.130, stationary mobile vendors shall comply with the following
operating requirements and prohibitions, and each of these operating requirements and
prohibitions shall constitute conditions of any Mobile Vending Permit for a stationary
sidewalk vendor.
A. Stationary sidewalk vending activity is prohibited from operating or establishing in
any residential areas of the City, defined as zoning districts R, DR, MR, and HR
4935-3821-1405 v3 13
under San Rafael Municipal Code Section 14.04.020 et seq., or within the
Downtown Precise Plan area.
B. Stationary mobile vendors may vend on private property under the following
conditions:
1. The applicant provides written authorization from the property consenting
to vending activity on their property.
2. The applicant complies with the requirements of San Rafael Municipal Code
(SRMC) Section 14.17.130 (Temporary Uses), including obtaining
complying with any performance standards or conditions attached to the
approval of the temporary use permit.
C. Any vending cart used in the vending activity shall be removed from the sidewalk
each day at the close of business.
D. Stationary mobile vendors shall not cause, allow, or suffer the placement of chairs,
fences, shade structures, umbrellas, other furniture not used to display
merchandise, rugs, towels, or fabric of any kind upon the sidewalk in conjunction
with the vending operation (whether for the display of goods or any other reason).
E. Stationary mobile vendors shall not cause, allow, or suffer the erection or
placement of any signs upon the sidewalk or a vending cart, unless allowed or
approved pursuant to Chapter 14.19.
F. Stationary mobile vendors shall not attach or use any water lines, electrical lines,
or gas lines located on public property or owned by the City, or belonging to any
other entity or person, during the vending activity.
G. No vending cart may exceed an overall height of five feet, a total width of five feet,
and a total length of five feet. It may not include attachments such as balloons,
streamers, ribbons, or pinwheels.
H. Vending activities shall only occur on sidewalks or pathways where it is possible
to maintain a minimum of three feet of accessible path of travel, without
obstruction, along the sidewalk upon which the vendor is vending.
I. Vendors shall only use any portable cooking equipment or heating element as
approved by the Director, San Rafael City Fire Department and/or Marin County
Environmental Health Services. The following additional conditions apply:
1. The equipment shall be kept at least 20 feet from any permanent structure
and at least 30 feet from any dry grass, grain, brush, or forested area;
2. The equipment shall not be unattended;
3. No vendor shall smoke or vape or allow any person to smoke or vape within
20 feet;
4. The vendor shall regularly clean the portable cooking equipment to remove
grease and food buildup;
5. The equipment shall only use propane, natural gas, or butane cylinder
tanks;
6. The vendor shall use or store only propane, natural gas, or butane tanks of
20 gallons or less, with a limit of two 20-gallon tanks on a conveyance;
4935-3821-1405 v3 14
7. Tanks shall be stored in an upright position during use and positioned in
such a way as to prevent falling, tipping, and tampering;
8. Tanks shall be disconnected while the conveyance is in transit or not in use;
9. Only tanks with a shut-off valve and a pressure regulator, having hoses of
a type approved for use by the manufacturer with the equipment are
allowed;
10. All connections to the tank shall be tested for potential leaks before each
use using soap and water; and
11. Any conveyance that stores a tank shall have two ventilation openings on
opposite sides at the cylinder valve level and at least one ventilation
opening at the floor level. Each opening shall be a minimum of 10 square
inches, screened with a minimum 16 mesh and shall vent to the exterior of
the conveyance.
J. Stationary mobile vendors shall comply with the following fire extinguisher
requirements:
1. An easily accessible, properly charged and maintained 2A-10BC-rated five
pound fire extinguisher shall be kept at the vending cart at all times and be
familiar with its proper use. Stationary sidewalk vendors shall ensure the
extinguisher has been serviced within the last year and has a valid
California State Fire Marshal service tag attached;
2. Deep-fat fryers or woks with cooking oil capacity of six inches depth or
greater using combustible cooking media, vegetable or animal oils or fats,
shall be provided with a Class K fire extinguisher;
3. The extinguisher shall be mounted securely to the vending cart or
equipment; and
4. The extinguisher shall be located away from the cooking area but within
reasonable reach to prevent the spread of fire.
10.50.120 Operating Requirements for Mobile Vendors Within a Park.
Mobile vendors shall comply with the following operating requirements and prohibitions,
and each of these operating requirements and prohibitions shall constitute conditions of
any Mobile Vending Permit for a sidewalk vendor within a park.
A. Mobile vendors are prohibited from operating within any portion of a City park for
which the City has signed an agreement for concessions that exclusively permits
the sale of merchandise or food by the concessionaire.
B. Mobile vendors operating within a City park shall comply with all operating
requirements and prohibitions set forth in Sections 10.50.100, 10.50.110 and
10.50.130.
C. Roaming sidewalk vendors shall not vend within 50 feet of any portion of a park
for which the City has signed an agreement for concessions that exclusively
permits the sale of merchandise or food by the concessionaire.
D. Mobile vendors shall not vend in the following locations within a park:
4935-3821-1405 v3 15
1. Within 25 feet of any field, court, or pitch that is primarily designed for use
in a sporting activity (including, but not limited to, baseball field, softball field,
basketball court, tennis court, soccer pitch, volleyball court, pickleball court,
horseshoe pits, lawn bowling and handball court), while said area is in use;
2. Within 25 feet of any playground, recreational water features, or exercise
area, while said area is in use;
3. Within 25 feet of any restroom facilities;
4. Within 25 feet of any community building or structure, indoor gym, dance
rooms, meeting rooms, arts and craft rooms, banquet halls, lounge, shaded
structures, patios, awnings, gazebos, BBQ stations, picnic pavilion, picnic
tables, recreation rooms, dog park, and bandshells;
5. Within 25 feet of any abutting residential parcel adjacent to a park.
E. Mobile vending within any park is prohibited daily between the hours of eight p.m.
(8:00 p.m.) and eight a.m. (8:00 a.m.) of the following day.
F. Notwithstanding Section 10.50.100(E)(18), mobile vendors of merchandise may
conduct mobile vending on unpaved portions of a park, so long as the vendor
adheres to all other mobile vendor operating requirements and park regulations.
Mobile vendors of food may not conduct mobile vending on unpaved portions of a
park.
10.50.130 Prohibited Activities.
The following activities are prohibited, which are directly related to objective of health,
safety, and welfare concerns, including, but not limited to, health, safety and welfare of
vendors, their prospective patrons, pedestrians, those protected by the A mericans with
Disabilities Act, those operating motor vehicles at intersections and in rights -of-way
adjacent to sidewalks, and the public at large. Mobile vendors shall not:
A. Sell or offer to sell services, or engage in or offer to engage in any type of rental
activity, including the rental of any goods or services;
B. Display merchandise or food that is not available for immediate sale;
C. Utilize outdoor wood burning ovens, charcoal barbecues;
D. Utilize gasoline or kerosene;
E. Utilize portable generators unless approved by the Director, San Rafael Fire
Department and/or Marin County Environmental Health Services;
F. Except as otherwise specified in this chapter, conduct sidewalk vending activities
between the hours of eight p.m. (8:00 p.m.), and eight a.m. (8:00 a.m.) of the
following day, with the exception that sidewalk vending in nonresidential areas may
operate during hours consistent with the hours of operation of the businesses on
the same street block;
G. Utilize a motorized mobile vending cart;
H. Use any flashing lights or any other animated devices. Mobile vendors shall only
utilize the minimum amount of luminaires necessary for the safe operation of
sidewalk vending activities as determined by the City;
4935-3821-1405 v3 16
I. Sell, use, or vend any of the following:
1. Live animal(s),
2. Adult-oriented material depicting, describing, or relating to specified
anatomical areas or specified sexual activities,
3. Alcoholic beverages, cannabis, marijuana, or tobacco products that contain
nicotine or any product used to smoke (or "vape") nicotine or marijuana,
4. Weapons, including knives, guns, or explosive devices; airsoft guns,
paintball guns, BB devices or imitation firearms,
5. Pharmaceuticals,
6. Illegal or counterfeit merchandise, or
7. Any other merchandise or products prohibited by local, state and federal
laws;
J. Utilize sound in violation of any City noise standard.
K. Allow a vending cart or other accessory equipment to touch, lean against or be
affixed or fastened at any time to any building, structure or above -ground structure,
including, but not limited to, poles, trees, lampposts, parking meters, mailboxes,
traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, waste
receptacles, or traffic barriers located in the public right-of-way;
L. Set up a customer seating area, such as, but not limited to, equipment, tables,
chairs, tents, or canopies;
M. Enter private property to solicit at any dwelling, including, but not limited to, a
house, apartment, duplex, condominium, gated community, or business without
explicit permission of the property owner or their designee.
10.50.140 Violations and Penalties.
A. By Persons With a Current and Valid Permit. A violation of this chapter, by a
sidewalk vendor who has a current and valid Mobile Vending Permit issued by the
City pursuant to this chapter, is punishable by an administrative citation under this
code, in the following amounts:
1. An administrative fine not exceeding $100.00 for a first violation;
2. An administrative fine not exceeding $200.00 for a second violation within
one year of the first violation; and
3. An administrative fine not exceeding $500.00 for each additional violation
within one year of the first violation.
B. By Persons Without a Current and Valid Permit. Any person engaged in mobile
vending without a current and valid Mobile Vending Permit issued pursuant to this
chapter is punishable by an administrative citation pursuant to Chapter 1.44 of this
code, in the following amounts:
1. An administrative fine not exceeding $250.00 for a first violation;
2. An administrative fine not exceeding $500.00 for a second violation within
one year of the first violation; and
3. An administrative fine not exceeding $1,000.00 for each additional violation
within one year of the first violation.
4935-3821-1405 v3 17
4. Upon proof of a valid permit issued by the City, pursuant to this chapter, the
administrative fines set forth in this subsection B shall be reduced to the
administrative fines set forth in subsection A of this section, or any
successor sections, if such conduct would still constitute a violation of this
chapter.
C. The Director may revoke a permit issued to a sidewalk vendor for the term of that
permit upon the fourth violation or subsequent violations.
D. A violation of this chapter shall not be punishable as an infraction or misdemeanor
and a person alleged to have violated any provision of this part shall not be subject
to arrest except when otherwise permitted under law. Further, failure to pay an
administrative citation issued pursuant to this chapter shall not be punishable as
an infraction or misdemeanor. Additional fines, fees, assessments, or any other
financial conditions beyond those authorized herein shall not be assessed.
E. Any administrative citation issued pursuant to this chapter shall be accompanied
with notice of and instruction regarding the citee's right to request an ability -to-pay
determination. When assessing administrative citations pursuant to this chapter,
the administrative hearing officer shall take into consideration the person's ability
to pay the fine. The person may request an ability -to-pay determination at
adjudication or while the judgment remains unpaid, including when a case is
delinquent or has been referred to a comprehensive collection program.
F. If the person meets the criteria described in subdivision (a) or (b) of Government
Code Section 68632, or any successor sections, the City shall accept, in full
satisfaction, 20% of an administrative citation imposed pursuant to this chapter.
10.50.150 Ability-to-Pay Determination and Appeals.
A. Ability-to-Pay Determination. Any person issued an administrative citation
pursuant to this chapter may request a determination on the person's ability to pay
the administrative fine. The person may request an ability-to-pay determination at
any time prior to payment of the fine, including when a fine is delinquent or has
been referred to a comprehensive collection program.
1. The Director or hearing officer shall reduce the fine to 20% of the total if the
citee meets either of the following criteria:
a. The citee is receiving public benefits under Government Code
Section 68632(a), or any successor section; or
b. The citee has a monthly income which is 200% or less of the
current poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human
Services.
B. Appeal of Administrative Citation. Any person issued an administrative citation
pursuant to this chapter shall have the right to appeal the issuance of the
administrative citation in accordance with and the time limits set forth in Chapter
1.44 of this code.
4935-3821-1405 v3 18
1. Notwithstanding the provisions of Chapter 1.44 of this code, upon the
submission of proof of a valid permit issued by the City pursuant to this
chapter, any administrative fine imposed upon a mobile vendor who did not
have a valid permit at the time the administrative citation was issued shall
be reduced in accordance with Section 10.50.140(B)(4).
2. If the person meets the criteria described in subdivision (a) or (b) of
Government Code Section 68632, or any successor section, the hearing
officer shall accept, in full satisfaction, 20% of the administrative fine
imposed pursuant to this chapter.
3. The hearing officer may allow the person to complete community service in
lieu of paying the total administrative fine, may waive the administrative fine,
or may offer an alternative disposition.
C. Appeal of Denial or Revocation of Mobile Vending Permit.
1. Any person who has been denied a Mobile Vending Permit or who has had
a Mobile Vending Permit revoked by the Director or designee, or has had
their mobile vending cart, food, equipment, utensils, goods or merchandise
(collectively classified as "items") impounded pursuant to this chapter may
appeal such determination to the hearing officer, by filing a request for an
appeal with the City Clerk, and paying an appeal fee as set by resolution of
the City Council, within 21 calendar days of service of the notic e of such
denial, revocation . The request for an appeal shall contain, at a minimum,
the following:
a. The name, current mailing address, and telephone number of
the appellant;
b. As applicable, the date of denial or rescission by the Director
or designee, ;
c. A statement as to all grounds for appeal in sufficient detail to
enable the hearing officer to understand the nature of the
controversy; and
d. The signature of the appellant under penalty of perjury as to
the contents of the request for appeal.
2. An appeal shall be scheduled for a hearing before the hearing officer within
30 calendar days of the filing of the appeal unless both the appellant and
the hearing officer consent to a later date.
3. The hearing officer shall give notice in writing to the appellant of the time
and location of the appeal hearing. At the hearing, the hearing officer shall
review the record of the decision for denial of a Mobile Vending Permit or
revocation of a Mobile Vending Permit by the Director and hear testimony
of the appellant, if any, the applicant, and any other interested party. The
appeal shall be reviewed and determined on a de novo basis.
D. After the hearing, the hearing officer shall affirm, modify, or reverse the original
denial or revocation t. When a denial or revocation is modified or reversed, the
hearing officer shall state the specific reasons for modification or reversal. .
4935-3821-1405 v3 19
Decisions on appeals shall be rendered within 30 calendar days of the close of the
hearing. The hearing officer shall mail notice of a decision to the appellant. Such
notice shall be mailed within five working days after the date of the decision to the
appellant. The decision of the hearing officer shall be final.
DIVISION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
This Ordinance is exempt from the California Environmental Quality Act (CEQA),
pursuant to the “common sense exemption” in Section 15061(b)(3) of Title 14 of the
California Code of Regulations, since it can be seen with certainty that there is no
possibility that the adoption of this Ordinance may have a significant effect on the
environment.
DIVISION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion of this
Ordinance. The City Council of the City of San Rafael hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases shall be declared invalid.
DIVISION 4. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published and circulated in the City of
San Rafael, and shall be in full force and effect on December 3, 2025. If published in
summary form, the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Council members voting for or against same,
in a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of
the San Rafael City Council on the 20th day of October 2025, and was passed and
adopted at a regular meeting of the San Rafael City Council on the 3rd day of November
2025 by the following vote, to wit:
4935-3821-1405 v3 20
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Kate Colin, Mayor
Attest:
_________________________
LINDSAY LARA, City Clerk
RESOLUTION NO. 15468
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADDING MOBILE VENDING
PERMIT PROGRAM FEES TO THE CITY’S MASTER FEE SCHEDULE FOR FISCAL
YEAR 2025-2026
WHEREAS, the City of San Rafael (City) seeks to establish a mobile vending
permit program to regulate the sale of food, goods, and merchandise to protect public
health and safety; and
WHEREAS, the City will incur costs in the process of regulating mobile vendors,
including the cost of reviewing and processing mobile vending permit applications as
well as inspecting mobile vendors for compliance with permitting requirements;
WHEREAS, in December 2022, following a comprehensive fee study, the City
Council adopted Resolution 15178, a resolution authorizing updates to its Master Fee
Schedule, which has subsequently been updated, most recently through Resolution No.
15421; and
WHEREAS, City staff calculated the fee amounts identified in Exhibit A (and
described in the staff report accompanying this resolution) in accordance with the
requirements of State law; and,
WHEREAS, the proposed revised mobile vending fees do not qualify as a “tax”
as set forth in Proposition 26 (California Constitution Article XIII C, Section 1(e)) since
the fee amounts do not exceed the reasonable regulatory costs in issuing permits,
performing inspections, and administrative enforcement thereof.
WHEREAS, adoption of this MOU is exempt from environmental review pursuant
to California Environmental Quality Act Guideline 15061(b)(3); and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby find that the foregoing recitals are true and correct, approve and
authorize the adoption of “Mobile Vending Permit” fees in the Fiscal Year 2025-2026
Master Fee Schedule, as reflected in Exhibit A attached hereto, to be effective
immediately.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of the City of San Rafael, held on October 20, 2025, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, City Clerk
Ci t y of San Raf ael
Pl anni ng Servi ces
Service Name Fee Description Fee Recovery %
Streamlined Housing Development
SB 330 Application Deposit + Hourly 2,242$ 100%
SB 9 Housing Development Application Deposit + Hourly 6,061$ 100%
SB 9 Lot Split Flat Fee 14,465$ 100%
SB 35 Housing Development Application Deposit + Hourly 15,910$ 100%
Subdivision
Lot Line Adjustment & Merger Flat Fee 6,530$ 100%
Small Subdivision Flat Fee 14,465$ 100%
Tentative Map / Subdivision Map Deposit + Hourly 18,905$ 100%
Map Amendment and Extensions Flat Fee 8,420$ 100%
Certificates of Compliance Flat Fee 6,065$ 100%
Exception (Subdivision Ordinance)Flat Fee 7,266$ 100%
Planning Policy
General Plan Amendment Deposit + Hourly 19,229$ 100%
Development Agreement Deposit + Hourly 30,748$ 100%
Rezoning/Pre-Zoning/Preannexation Deposit + Hourly 19,229$ 100%
Planned Development District Deposit + Hourly 20,292$ 100%
Use Permit
Use Permit – Administrative/Temporary Flat Fee 1,977$ 100%
Use Permit - Zoning Administrator Deposit + Hourly 2,910$ 60%
Use Permit - Planning Commission Deposit + Hourly 9,475$ 100%
Variances
Minor Variance - Zoning Administrator Flat Fee 4,556$ 100%
Variance - Planning Commission Flat Fee 9,475$ 100%
Reasonable Accommodation Request Flat Fee 1,036$ 26%
Exception (Zoning)Flat Fee 1,977$ 100%
Exception (Hillside)Flat Fee 2,948$ 100%
Environmental and Design Review
Environmental and Design Review (Administrative)Deposit + Hourly 3,158$ 100%
Environmental and Design Review - Zoning Administrator Deposit + Hourly 6,061$ 100%
Environmental and Design Review – Planning Commission Deposit + Hourly 16,287$ 100%
Sign Review
Sign Review – Staff Flat Fee 268$ 100%
Sign Program – Minor (Staff)Flat Fee 1,503$ 100%
Sign Program – Major (Planning Commission)Flat Fee 8,640$ 100%
Sign Review – Minor Exception Flat Fee 1,503$ 100%
Sign Review – Major Exception Flat Fee 8,640$ 100%
Temporary Banner Permit Flat Fee 201$ 100%
Appeal Fees
Appeal to Planning Commission Filing Fee Flat Fee 376$ 5%
Appeals Planning Commission Deposit + Hourly 5,374$ 65%
Appeal to City Council Filing Fee Flat Fee 376$ 4%
Appeals to City Council Deposit + Hourly 5,374$ 57%
California Environmental Quality Act Review
Negative Declaration Deposit + Hourly 18,980$ 100%
Environmental Impact Report Deposit + Hourly Consultant Cost +25%100%
Monitoring of Mitigation Measures And Conditions of Approval Deposit + Hourly 6,956$ 100%
Other Planning Services
Misc. Staff Time Hourly Rate / Planning Manager3 FBHR 272$ 100%
Misc. Staff Time Hourly Rate / Principal Planner3 FBHR 215$ 100%
Misc. Staff Time Hourly Rate / Associate Planner3 FBHR 172$ 100%
Misc. Staff Time Hourly Rate / Assistant Planner3 FBHR 172$ 100%
Pre Application Meeting/Letter Flat Fee 2,241$ 30%
Licensing Agreement (Outdoor Dining)Flat Fee 1,845$ 100%
Certificate of Appropriateness for Alteration of Historic Structure Deposit + Hourly 10,269$ 100%
Certificate of Public Convenience and Necessity for Alcoholic Beverage License Deposit + Hourly 3,216$ 100%
Neighborhood Meeting Deposit + Hourly 3,005$ 100%
Contract Planner/Consultant Administration Deposit + Hourly Consultant Cost +10%100%
Building Permit - Plan Checks % of Permit Fee 20%100%
Planning/Zoning Research Per Hour 169$ 100%
General Plan Mainteance Fee % of Permit Fee 35%100%
Planning Review of Building Permits - Multi-Family % of Permit Fee 10%50%
Planning Review of Building permits - All Others % of Permit Fee 20%100%
Specialized Consultant - Including Archaeology Referral Deposit + Hourly Consultant Cost +10%100%
Zoning Verification Letter Per 1.5 Hours 252$ 100%
Small Wireless Facilities Deposit + Hourly 5,342$ 100%
Wireless Communication Facilities Flat Fee 1,075$ 100%
Mobile Vending Permit Application Flat Fee $ 25 13%
Mobile Vending Annual Permit Flat Fee $ 25 10%
Ci t y of San Raf ael
Pl anni ng Servi ces
Service Name Fee Description Fee Recovery %
Mobile Vending Appeal Flat Fee 202$ 100%
Footnotes
FBHR = Fully Burdened Hourly Rate For Staff Positions (Applicable Average Salary + Fringe Benefits + 10% Overhead Rate)
Note: Multiple application discount: when multiple applications are filed simultaneously, a 25% discount on each deposit-based application type will apply.
Deposit + Hourly = Applicant is to pay all City costs, including FBHR based on the time staff spends on the project, 100% of consultant costs, which
include but not limited to environmental conultants, archaeologists, outside legal councel, contract planners, etc. and materials. The initial deposit is
listed in the Fee Column.
RESOLUTION NO. 15469
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL ENFORCEMENT MEMORANDUM
OF UNDERSTANDING WITH THE COUNTY OF MARIN
WHEREAS the City of San Rafael (City) seeks to more effectively regulate
mobile vending in the City to protect public health and safety; and
WHEREAS, “enforcement officers” have authority to enforce provisions of the
California Retail Food Code (See, e.g., Article 2 of Chapter 13 of Part 7 of Division 104
of the Health and Safety Code); and
WHEREAS, Health and Safety Code section 113774 defines “enforcement
officer” as “the director, agents, or environmental health specialists appointed by the
State Public Health Officer, and all local health officers, directors of environmental
health, and their duly authorized registered environmental health specialists and
environmental health specialist trainees;” and
WHEREAS, the City has not appointed a health officer pursuant to Health and
Safety Code section 101460; and
WHEREAS, the City has made arrangements for the County health officer and
his/her/their deputies to exercise the same powers and duties in the City as are
conferred upon City health officers by law, pursuant to Health and Safety Code sections
101375, 101400, 101405, and 101460; and
WHEREAS, the County is currently unable to transport or store food, equipment,
or utensils impounded in the City’s jurisdiction due to logistical constraints; and
WHEREAS, the City and County have seen a recent proliferation of sidewalk
vendors, including compact mobile food operations and temporary food service
operations, with a corresponding proliferation of unpermitted food vendor activity, and
increased requests for protection received by County enforcement officers in the field;
and
WHEREAS, the City and County desire the City to enforce provisions of the
California Retail Food Code (Part 7 of Division 104 of the Health and Safety Code)
related to Compact Mobile Food Operations (including, but not limited to, Chapter 11.7
of Part 7 of Division 104 of the Health and Safety Code) within the boundaries of the
City; and
WHEREAS, City hereby warrants to County that City is skilled and able to
exercise the powers and duties described in the Interlocal Enforcement Memorandum of
Understanding (MOU); and
WHEREAS, in recognition of the City and County’s ability to contract for City
performance of County health functions (see, e.g., Health & Saf. Code § 101415), and
in recognition of the City’s authority to exercise the powers and duties conferred upon
city health officers by law, County desires to delegate enforcement authority to the City
pursuant to this Agreement to exercise the powers and duties described in the MOU,
subject to the terms and conditions of the MOU.
WHEREAS, adoption of this MOU is exempt from environmental review pursuant
to California Environmental Quality Act Guideline 15061(b)(3); and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Rafael hereby finds that the foregoing recitals to be true and correct and authorizes the
City Manager to enter into an Interlocal Enforcement MOU with the County of Marin as
described in Exhibit One attached hereto, to be effective immediately.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of the City of San Rafael, held on October 20, 2025, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, City Clerk
Page 1 of 8 OAK #4874-9323-5434
INTERLOCAL ENFORCEMENT MEMORANDUM OF UNDERSTANDING
RE: California Retail Food Code (Health & Saf. Code §§ 113700-114437)
This INTERLOCAL ENFORCEMENT MEMORANDUM OF UNDERSTANDING
(“Agreement”) is entered into as of the _______ day of _______, 2025, by and between the
County of Marin (“County”), and the City of San Rafael (“City”), a California municipal
corporation, (collectively “Parties” or individually, “Party”) with reference to the following facts,
understandings and intentions.
Recitals
WHEREAS, “enforcement officers” have authority to enforce provisions of the California
Retail Food Code (See, e.g., Article 2 of Chapter 13 of Part 7 of Division 104 of the Health and
Safety Code); and
WHEREAS, Health and Safety Code section 113774 defines “enforcement officer” as “the
director, agents, or environmental health specialists appointed by the State Public Health Officer,
and all local health officers, directors of environmental health, and their duly authorized registered
environmental health specialists and environmental health specialist trainees”; and
WHEREAS, the City has not appointed a health officer pursuant to Health and Safety Code
section 101460; and
WHEREAS, pursuant to an agreement the City and County entered into on August 13,
1973, the County health officer and his/her/their deputies enforces and observes in the City’s
jurisdiction all public health statutes and ordinances and related inspections, and exercises the
same powers and duties in the City as are conferred upon city health officers by law, pursuant to
Health and Safety Code sections 101375, 101400, 101405, and 101460; and
WHEREAS, the County Public Health Officer delegates enforcement of the Retail Food
Code to the County’s Director of Environmental Health Services, who directs and manages the
operations of the County’s Registered Environmental Health Specialists (REHSs), including
execution of their duties under the California Health and Safety Code, and the County warrants
that its REHSs have authority under the Health and Safety Code to exercise the powers and duties
described in Section 3 of this Agreement; and
WHEREAS, the County is currently unable to transport or store food, equipment, or
utensils impounded in the City’s jurisdiction due to logistical constraints; and
WHEREAS, the City and County have seen a recent proliferation of sidewalk vendors,
including compact mobile food operations and temporary food service operations, with a
corresponding proliferation of unpermitted food vendor activity, and increased requests for
protection received by County enforcement officers in the field; and
WHEREAS, the City and County seek to enforce provisions of the California Retail Food
Code (Part 7 of Division 104 of the Health and Safety Code) related to permitting of compact
mobile food operations and temporary food service operations (including, but not limited to,
Page 2 of 8
Chapter 11 and 11.7 of Part 7 of Division 104 of the Health and Safety Code) within the boundaries
of the City; and
WHEREAS, in recognition of the City and County’s ability to contract with each other for
performance of functions related to public health (see, Health & Saf. Code § 101400 et seq.), and
in recognition of their respective authority to exercise the powers and duties conferred upon city
and county health officers by law, the Parties desire to establish procedures to protect the health
and safety of consumers, while respecting the rights of vendors, ensuring the safety of inspectors,
and prudently and pragmatically utilizing the resources offered by health inspectors, code
enforcement, and law enforcement.
Memorandum of Understanding (“MOU”)
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this MOU as if set forth herein in full.
2. Powers and Authorities. Health and Safety Code 114393 authorizes the County
Public Health Officer, and the REHSs under their authority, to impound certain food, equipment,
and utensils.
3. Project Coordination. The Parties agree to cooperate and share resources in
furtherance of execution of the services the County provides the City under the 1973 Agreement
and of enforcement of permitting requirements for unpermitted compact mobile food operations
and unpermitted temporary food service operations (See Chapter 11 and 11.7 of Part 7 of Division
104 of the Health and Safety Code). For these purposes, the authorized representatives identified
below shall represent County and City in matters pertaining to the administration of this MOU.
A. County. The County Executive or his/her/their designee shall
represent the County for all purposes under this MOU, except (1) where approval for the County
is specifically required by the Board of Supervisors by the Health and Safety Code; or (2) where
approval of the County’s Public Health Officer (whose powers under the Retail Food Code are
delegated to the County’s Director of Environmental Health Services) is required by the Health
and Safety Code.
B. City. The City Manager or his/her/their designee shall represent
City for all purposes under this MOU.
C. Food Safety Field Checks. City and County will collaborate and
cooperate to conduct field operations (“Food Safety Field Checks”) to ensure compliance with
permitting requirements set forth in the Retail Food Code.
4. Performance of Food Safety Field Checks
Page 3 of 8
A. Scope of Joint Enforcement Services. During the term of this Agreement,
City shall have the authority to perform the powers and duties set out in the “Scope of Joint
Enforcement Services” attached hereto as Exhibit A and incorporated herein by reference.
B. Time of Performance. City’s performance of the enforcement powers and
duties, as described in Exhibit A, are to commence upon final execution of this MOU.
C. Standard of Quality. All duties performed by City under this MOU shall be
performed: (1) with due diligence, using its best efforts to perform and coordinate all activities in
a timely manner, based on available resources; (2) in accordance with all applicable legal
requirements; and (3) with the standard of quality ordinarily expected of City or County health
officers.
D. Performance not Required. Nothing in this MOU requires the parties to
perform the enforcement described in Exhibit A. Further, nothing in this MOU modifies the
County’s existing regulation and permitting of food facilities in the City’s jurisdiction, pursuant
to the 1973 Agreement of the parties.
5. Compensation. No compensation shall paid to either party for performance of the
enforcement powers and duties under this MOU.
6. Term. This Agreement shall commence upon its execution by both parties and shall
continue in full force and effect until terminated as provided herein.
7. Employment of Other Consultants, Specialists or Experts. City will not employ or
otherwise incur an obligation to pay other consultants, specialists or experts for services in
connection with this MOU without the prior written approval of the County.
8. Independent Contractor. It is expressly agreed that City, in the performance of the
work and services agreed to be performed by City, shall not be considered an agent or employee
of County and shall have responsibility for and control over the details and means of providing its
services under this MOU. City shall furnish, at its own expense, all labor, materials, equipment,
tools, transportation and services necessary for the successful completion of the services under this
MOU. City, or any officer, elected official, employee, agent, or subcontractor of City, shall obtain
no rights to retirement benefits or other benefits which accrue to County’s employees, and City
hereby expressly waives any claim it may have to any such rights. City, its officers, employees
and agents shall not have any power to bind or commit the County to any decision.
9. Compliance with Laws.
A. General. City shall use the standard of care applicable to local governments
to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
City represents and warrants to County that it has and shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and
certifications which are legally required for City to comply with its duties. County is not
Page 4 of 8
responsible or liable for City’s failure to comply with any or all of the requirements contained in
this paragraph or in this MOU.
B. Workers’ Compensation. City certifies that it is aware of the provisions of
the California Labor Code which require every employee to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that
Code, and City certifies that it will comply with such provisions before commencing performance
of the MOU and at all times in the performance of the MOU.
C. Prevailing Wage. City and City’s subcontractors (if any) shall, to the extent
required by the California Labor Code, pay not less than the latest prevailing wage rates to workers
and professionals as determined by the Director of Industrial Relations of the State of California
pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage
determination are on file at the County’s office of the County Clerk.
10. Confidential Information. All data, documents, discussions or other information
developed or received by or for City in performance of this MOU are confidential unless required
to be disclosed pursuant to State or Federal law.
11. Assignment. Neither party shall assign, delegate, transfer, or convey its powers,
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the other’s prior written consent.
12. Termination of MOU Default. This MOU and all obligations hereunder may be
terminated at any time, with or without cause, by either party upon thirty (30) days’ written
notice to the other party.
13. Merger; Amendment. This MOU constitutes the complete and exclusive statement
of the agreement between County and City concerning the subject matter of this MOU and shall
supersede all prior negotiations, representations, or agreements, either written or oral. This
document may be amended only by written instrument, signed by both the County and City. All
provisions of this MOU are expressly made conditions.
14. Interpretation. This MOU shall be interpreted as though it was a product of a joint
drafting effort, and no provisions shall be interpreted against a party on the ground that said party
was solely or primarily responsible for drafting the language to be interpreted.
15. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc.
shall be addressed to the other party at the address set forth below. Either party may change its
address by notifying the other party in writing of the change of address. Notice shall be deemed
communicated within seventy-two (72) hours from the time of mailing if mailed as provided in
this section.
If to County: County Clerk’s Office
Page 5 of 8
County of Marin
3501 Civic Center Drive, Suite 234
San Rafael, CA 94903
If to City: City Clerk’s Office
City of San Rafael
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
16. MOU Is Binding. The terms, covenants, and conditions of this Agreement shall
apply to, and shall bind, the heirs, successors, executors, administrators, assigns, delegees, and
subcontractors of both parties.
17. Equal Employment Opportunity. City is an equal opportunity employer and agrees
to comply with all applicable state and federal regulations governing equal employment
opportunity. City will not discriminate against any employee or applicant for employment because
of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin. City
will take affirmative action to ensure that applicants are treated during such employment without
regard to race, religion, age, sex, creed, color, sexual orientation, marital status, or national origin.
Such action shall include, but shall not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
18. Non-Exclusive MOU. This is a non-exclusive agreement. County reserves the right
to also exercise the powers and duties described in Section 3 of this MOU. There are no third
party beneficiaries of this MOU and nothing in this MOU, express or implied, is intended to confer
on any person or entity other than the parties hereto.
19. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this MOU, or at law or in equity, are cumulative and alternative.
20. Mutual Indemnification.
A. Indemnification. To the fullest extent permitted by law, each Party shall
indemnify, defend and hold the other Party (“Other Party”) harmless from any and all liability
(including liability for claims, demands, damages, obligations, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including reasonable attorneys’ fees and costs, court
costs, interest, defense costs and expert witness fees) of any nature (“Liability”) that such Other
Party may suffer, sustain or become subject to as a result of the Party’s action or inaction, which
is attributable to the Liability. This indemnification is an independent covenant between the
parties and will survive any termination of this MOU.
Page 6 of 8
B. Dispute Resolution. Nothing in this MOU gives rise to a claim for breach
or other theories of liability under contract law. Any disputes concerning execution of services
provided for herein, or rights and duties governing the services provided for herein, shall be
resolved by use of a mediator agreed to by both parties, whose expenses shall be shared equally
by each party, or by an in-person settlement conference.
21. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
22. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Joint Enforcement Services
23. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when at
least one copy hereof shall have been signed by both parties. In approving this Agreement, it shall
not be necessary to produce or account for more than one such counterpart. The parties hereby
expressly agree to the use of electronic signatures, which shall be deemed to have the same effect
as an original signature.
24. Authority. Each individual executing this Agreement on behalf of one of the parties
represents that he/she/they is/are duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
Page 7 of 8
IN WITNESS WHEREOF, County and City have executed this Agreement as of the date first
above written.
COUNTY OF MARIN
By: __________________________________
Name: Derek Johnson
Title: County Executive
Date:
ATTEST:
By: __________________________________
County Clerk
CITY OF SAN RAFAEL
By: __________________________________
Name: Cristine Alilovich
Title: City Manager
Date:
ATTEST:
By: __________________________________
City Clerk
Page 8 of 8
EXHIBIT A
Scope of Joint Enforcement Services
1. Food Safety Field Check.
a. For each Food Safety Field Check, the Parties shall jointly decide and agree upon
the date, time, and location, and the type and number of personnel attending each
Food Safety Field Check, no less than seven (7) days before the event
commences, unless the Parties mutually agree to a shorter time frame.
b. Each Food Safety Field Check shall occur within the boundaries of the City.
c. Prior to commencing any Food Safety Field Checks, the City and County shall
cooperate in the establishment of an administrative process for compliance with
Health and Safety Code section 114393, and protocols for ensuring protection of
vendors’ due process rights.
d. Each Party shall bear their own expenses related to any Food Safety Field Check,
unless otherwise agreed in writing in advance of the enforcement activity.
2. Responsibilities.
a. The County shall be responsible for providing Registered Environmental Health
Specialists. (See Health & Safety Code § 106615).
i. REHSs shall identify violations of Health and Safety Code section
114387.
ii. REHSs shall identify food from Unapproved Food Sources, as the term is
defined in [H&S], and make all determinations about the impoundment of
food and equipment.
b. The City shall be responsible for the following:
i. Providing code enforcement personnel for each Food Safety Field Check.
ii. Providing law enforcement personnel for each Food Safety Field Check.
iii. The impoundment of food and equipment identified by the County’s
Enforcement Officers pursuant to Health and Safety Code sections
114390-114399.
Unpermitted Food Vending Complaints 2024
August 1
September 7
October 4
November 4
December 3
Total Unpermitted Food Vending Complaints 2024 : 19
Unpermitted Food Vending Complaints 2024-2025
This data and the related maps show reports of unpermitted food vending in San Rafael. The
information comes from complaints submitted to the City through the Code Enforcement form,
by email, or by phone. Staff reviewed and mapped these reports to show where complaints
were made and where they were most common.
Data only includes reports from people who knew how to contact the City, so it may not show
every location where unpermitted food vending occurs.
Tracking started with the first complaint in 2024, and the 2025 data includes reports from
January through September.
Table 1. Unpermitted Food Vending Complaints – 2024
Monthly number of complaints about unpermitted food vending in San Rafael for 2024.
Data comes from reports made through the City’s Code Enforcement form, email, and
phone calls.
1
Unpermitted Food Vending Complaints 2025
January 2
February 7
March 5
April 5
May 6
June 6
July 5
August 4
September 14
2025 Total: 54
Monthly count of complaint-based reports related to unpermitted food vending activity
in San Rafael from January through September 2025. Data reflects complaints received
through the City’s Code Enforcement form, email, and phone calls.
2
Complaint Location Maps
These maps show all the different places where one or more complaints about unpermitted food
vending were reported. Each point marks a location connected to at least one complaint.
Heat Maps
These maps show where complaints about unpermitted food vending are concentrated. Brighter
areas mean more complaints were received in those parts of the city.
Reported Unpermitted Food Vending Complaints Maps (2024–2025)
Table 2. Unpermitted Food Vending Complaints – 2025 (January – September)
Locations of Reported Unpermitted Food Vending Complaints (2024–2025*)
*2025 Data (January - September 2025)
Complaint
Location
3
Locations of Reported Unpermitted Food Vending Complaints in the Canal Neighborhood (2024–2025*)
*2025 Data (January - September 2025)
Complaint
Location
4
Locations of Reported Unpermitted Food Vending Complaints in Downtown San Rafael (2024–2025*)
*2025 Data (January - September 2025)
Complaint
Location
5
Citywide Heat Map – Reported Unpermitted Food Vending Complaints (2024–2025*)
*2025 Data (January - September 2025)
6
Valle y
San An selmo •
Ross
Ro ss H i ll
-c
QJ "'
San Rafael
Hi II
♦
Sun Valle y
Kentfield
College of
Marin Kentfield
Campus -Marin
Community
College Green brae
Dominican
University of
California
I
'"·san.Rafael .,,,__
Open 'Spr e
~,,
~n&Jp hn
,swkweather
SSo.eliaJ
Marin Islands
Nati on al
Wildlife Refug e
Canal Neighborhood Heat Map – Reported Unpermitted Food Vending Complaints (2024–2025*)
*2025 Data (January - September 2025)
7
Los
Mission A
San Rafael
Fou rtr
Co rr
s Park
Greenbrae
Ve
,. 528ft
San Rafael High
School -San
Rafael City
-1,,
O'~
,.J' ~,,
Marin Sanitary o,,..
Service
'?o\ntSan .,,,, edro Rd
Jean &John
S~rkwe~
horeline p ~
,.
Loch Lomond
Yacht Club_
San Rafael
Downtown San Rafael Heat Map – Reported Unpermitted Food Vending Complaints (2024–2025*)
*2025 Data (January - September 2025)
8
i;, ._,
"' ~
._,
V,
:r:
San Rafael -
Fourth Street
West
lessu
P St
222ft .
Clorinda Ave
V,
::r: Bradford
House
i;,
l.:>
t;
u. 4th St
Marin Academy
-Indepe ndent
Mission Ave
5th Ave
Latham St
ti
'-
ti
UJ
:,~o St Q)
:,. "' <l)C/ .c:
St V,
t, ,.,,,
Ross St
Bayview St
ti
a
San Rafael
..,
V,
a
ti
u
Tay/or St
ti
u
Octavia St
Ivy Ln
Saint Raphael
School -Roman
Catholic
Rota care
.23ft
4th St
San Rafael
Fourth Street
Commercial
Mission Ave
5th Ave
er Health
Center
.,,..,..
James B.
Davidson
Middle School -
San Rafael City
/
I
I
I
Community
Institute
,._
Enterprise
Resource
t,
C:
2
'-a, -s a,
~
t,
C:
f
'-...,
This map shows areas where vendors are operating without proper
city authorization and those with partial or limited permits.
Reported Unpermitted Food Vending Complaints by Permit Type (2024–2025)*
*2025 Data (January - September 2025)
9
Permit Status
No City Permit,
County Permit
No City Permit &
No County Permit
1
Summary of Proposed Mobile Vending Ordinance
• 10.50.010 Purpose.
• Identifies that the purpose of the ordinance is to establish a permitting
framework for mobile vendors in compliance with state law and makes
findings for the necessity of the ordinance and its components.
• 10.50.020 Definitions.
• Establishes definitions for terms used in the mobile vending ordinance.
• 10.50.030 Permit Required.
• Establishes that mobile vendors must obtain a mobile vending permit in
order to undertake mobile vending activities, unless the mobile vending
activity falls within a temporary special event permit.
• 10.50.040 Permit Application.
• Requires mobile vendors to submit a permit application prior to operating
and establishes the basic application requirements.
• 10.50.050 Investigation and Action Upon Permit Application.
• Outlines the process for reviewing the permit application and the bases for
denying an application.
• 10.50.060 Denial of Mobile Vending Permit.
• Prescribes the process for notifying a permit applicant if their permit
application is denied and how they can appeal that determination.
• 10.50.070 Term of Permit and Renewal.
• Establishes that mobile vending permits are valid for a one-year period and
how mobile vendors can renew their permit annually.
• 10.50.080 Permit Non -Transferable.
• Clarifies that mobile vending permits are not transferable and that applicants
must submit a new application upon changes in ownership or vending
activity.
• 10.50.090 Conditions and Restrictions Imposed on Permit; Health and Safety
Justification.
2
• Outlines the public health and safety basis for establishing time, place, and
manner restrictions on mobile vending.
• 10.50.100 General Mobile Vendor Operating Requirements.
• Prescribes various operational requirements for mobile vendors. These
include complying with state laws, locating prescribed distances from
sensitive uses such as fire hydrants, bus stops, entrances and exits, and
schools, as well as proper disposal of litter and grease.
• 10.50.110 Stationary Mobile Vendor Operating Requirements.
• Prohibits stationary vending in residential zones, requires stationary vendors
to comply with fire safety, and mandates that stationary vending provide
sufficient space in the public right of way for people with disabilities to pass.
• Allows for vending on private property with consent of the property owner
and obtaining a temporary use permit.
• 10.50.120 Operating Requirements for Mobile Vendors Within a Park.
• Establishes location restrictions for vending in parks and hours of operation.
• 10.50.130 Prohibited Activities.
• Outlines prohibited activities, such as late night vending and selling of drugs,
firearms or stolen goods.
• 10.50.140 Violations and Penalties.
• Outlines the amount of fines per each violation of the ordinance, which is
governed by state law.
• 10.50.150 Ability -to-Pay Determination and Appeals.
• Provides an option for lower income individuals to request a lower fine upon
demonstrating they meet specified poverty criteria, which is defined by state
law.
• Outlines the process for appealing permit suspensions and appeals before
an administrative hearing officer.