Chapter 5.25 - Mobile Food Vendors#

5.25.000 - Purpose and intent.#

A. The purpose of this chapter is to regulate mobile food vendors to ensure that operations do not conflict with the functional aspects of commercial site and building operations.

B. The city must protect the public by ensuring mobile food facilities are operated in a safe manner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure that mobile food facilities are:

1. Operated in accordance with health, safety, and traffic laws of the state.

2. Operated in accordance with parking ordinances of the city.

3. Do not cause public safety problems by contributing to traffic congestion.

4. Do not create pedestrian and vehicular conflicts.

5. Do not disturb the quiet use and peaceful enjoyment of residential neighborhoods.

C. Regulations in this chapter are enacted in accordance with the authority granted in Section 22455 of the California Vehicle Code and California Health and Safety Code Section 114315 et seq. (the "California Retail Food Code"), as each may be amended from time to time.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.010 - Definitions.#

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"City" means the City of Lincoln.

"Code" means the Lincoln Municipal Code and all codes incorporated therein by reference.

"Food" shall be as defined in Health and Safety Code Section 113781 or any successor provision.

"Food facility" shall be as defined in Health and Safety Code Section 113789 or any successor provision.

"Food truck" means a mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one or more locations within the city. A food truck shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.

"Food truck permit" or "permit" means the permit issued to a property owner or lessee with authority allowing food trucks to operate on private property pursuant to this chapter.

"Food truck vendor" or "vendor" means an individual or business responsible for or utilizing a food truck to sell, offer for sale, or distribute food.

"Hand washing facility" means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.

"Health Officer" shall be as defined in Health and Safety Code Section 111015.

"Special event" means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the city, and including those events approved pursuant to Chapter 5.16 of Title 5.

"Toilet facility" means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359.

"Vend" or "vending" means to offer for sale or distribution.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.020 - Health and sanitation.#

It is unlawful for any person to operate a food truck on public or private property without a valid health permit from the Placer County Health Officer.§ The health permit shall be displayed conspicuously at all times on the vendor's vehicle.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.030 - Public property.#

A. No food truck shall operate on public or city-owned property, or within any city park or recreation facility without a food truck permit in place.

B. The city may issue a food truck permit for a single day event in conjunction with a special event that complies with the applicable provisions of this code and for which a permit has been issued. A single event permit may only be issued for exclusively residentially zoned districts once per year.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.040 - Private property.#

A. No food truck shall operate on private property without written authorization from the property owner or lessee with authority to grant such authorization.§

B. Written proof of approval of the property owner or lessee shall be maintained by the vendor on site. The person operating the mobile vendor vehicle shall present this proof upon the demand of a peace officer or city employee authorized to enforce this chapter.

C. The private property owner wishing to authorize food truck vending shall obtain a food truck vendor permit authorizing operations in compliance with Section 5.25.050.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.050 - Operations.#

All food truck vendors are subject to the following conditions:

A. Food trucks shall operate within a level parking area, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the food truck.§

B. Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the city manager or designee.§

C. Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.§

D. No food truck shall display free standing signs or banners. Any signage shall be attached to the vehicle and be in compliance with Title 16 of the Lincoln Municipal Code.§

E. No food truck shall be located within 50 feet of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop.§

F. No food truck shall locate their operation in such a way that would restrict the ingress or egress from the adjoining property.§

G. No vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et seq., or as may be amended from time to time).

H. No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.§

I. No vendor shall roll up onto the sidewalk or cause traffic to [be] blocked or delayed.§

J. No vendor shall locate their operation in such a way that would restrict access to trash enclosures.§

K. No vendor shall locate their operation in such a way that would restrict off-street parking.§

L. No vendor shall conduct business with customers in moving cars.§

M. Vendors shall provide a visible trash receptacle for use by customers.§

N. Vendors shall regularly pick up, remove, and dispose of all trash or refuse from their operation that remains within 200 feet of the vendor's position. Regularly means not less than every one hour.§ For vendors that operate less than one hour at a location, the vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location.

O. Vendors shall not dump any wastewater; neither fresh or gray into storm drains, water ways or any other unauthorized locations.§

P. No vending shall occur between the hours of 12:00 a.m. (midnight) and 7:00 a.m. and no overnight parking shall be permitted.§ Through the permit process, the city manager or designee at their sole discretion may impose shorter hours of operation or allow longer hours of operation depending on the type of vending and location. Food sales (not including set-up and take-down) shall be limited to one continuous operation of unlimited duration during that timeframe, at a single location in a 72 hour period, unless otherwise authorized by permit or entitlement issued by the city.§ For purposes of this section, "a single location" shall extend to a 500 foot radius of the original location, thereby prohibiting a separate operation from occurring within said radius within the 72-hour time restriction.§

Q. No vendor shall operate more than 200 feet travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the food truck permit holder and any of its employees whenever operating for more than a one hour period.§

R. No vendor shall vend within 300 feet of a Downtown Lincoln special event or other designated special event for one hour before, during or after the reserved event time, unless the vendor is approved by the event's sponsor to participate in the event.§

S. Vendors shall not use city utility connections, including water and electricity, without prior written approval from the city.§

T. Vendors shall not leave vehicles or items unattended or stored on public property or private property.§

U. All vendors shall comply with the California Vehicle Code and California Health and Safety Code.

V. Food trucks may not operate in an exclusively residentially zoned district in the city, except for private events as provided for in Chapter 5.16 of Title 5.§

W. Vendors shall not operate in an unsafe manner, including but not limited to, impeding on- or offsite vehicle circulation and obstructing the view of pedestrians by motorists.§

X. All vendors shall have a valid city of Lincoln business license.§

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.060 - Public right-of-way.#

For a food truck permit authorizing vendor operations on public property per Section 5.25.030A, all of the following additional requirements of the vendor shall apply:

A. No food truck shall vend in any one location on a public street for more than ten minutes in any four hour period unless otherwise authorized by the city manager or designee.§ "Location" for purposes of this section shall mean a radius of 500 feet from the original position of the food truck.

B. No food truck shall locate within 500 feet of a freeway entrance or exit.§

C. No food truck shall locate within any public street adjacent to a curb which has been duly designated by the city as a green, yellow, blue or red zone.§

D. The vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.

E. Vehicles shall not occupy more than two on-street parking spaces in the public right-of-way in commercial zones.§

F. Vendors shall limit food and beverage service to that side of the food truck facing away from the street.§

G. As part of the food truck permit, vendors shall be required to indemnify, defend and hold the city, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, losses, expenses, and other liabilities (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the food truck on city right-of-way, regardless of fault, unless the injuries or damages are the result of the city's sole negligence or willful misconduct.

H. As part of the food truck permit, vendors shall be required to provide evidence of (1) liability insurance in the amount of not less than $2,000,000.00 per occurrence, $4,000,000.00 aggregate covering liability associated with operation of the food truck§; and (2) automobile insurance in the amount of not less than $1,000,000.00 commercial auto liability coverage§. The insurance shall be at vendor's sole cost and expense and shall be in full force and effect at any time the vendor is operating in the city. Prior to operations, the vendor shall deliver to the city a certificate of insurance which includes all required coverages, endorsements, and names the city of Lincoln as additionally insured and as the certificate holder.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.070 - Supplemental regulations.#

The city manager and designees are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials for permits and other documents, reasonably necessary to implement this chapter, and to make such interpretations of this chapter as they may consider necessary to achieve the purposes of this chapter. Violations of supplemental rules and regulations shall be considered violations of this chapter.

(Ord. No. 1094B, § 5, 8-12-2025)

5.25.080 - Violations.#

A. In addition to all other legal actions authorized under local, state or federal law, violations of this chapter or the conditions of a food truck permit shall be subject to the penalty and enforcement provisions of the municipal code, including, but not limited to, Section 1.20.020 of Chapter 1.20 of Title 1. For purposes of this chapter, the private property owner, food truck vendor and owner of the food truck, when applicable, shall be considered responsible parties for purposes of enforcement.

B. The city may suspend for up to 30 days or revoke any food truck permit issued when any one or more of the following grounds are found to exist:

1. Violation of this chapter or provisions of a food truck permit.

2. Violation of local, state or federal law in connection with vendor activity.

3. When a vendor's permit was issued under fraudulent circumstances or mistake.

4. When necessary to protect the public health, safety, or welfare.

C. In connection with suspension or revocation of a food truck permit or violations of this chapter, the city may confiscate property used in connection with vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare.

D. The following procedures shall apply for suspensions, revocation, and confiscation:

1. Prior to revocation or suspension of a permit and/or confiscation of property, the city shall provide written notice to the vendor and private property owner, as applicable, stating the reasons for the action by personal notice or certified mail.

2. The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the permit.

3. Unless immediate suspension and/or confiscation is necessary to protect the public health, safety, and welfare, prior to taking final action the city shall afford the vendor, vehicle owner and property owner, when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in Section 1.20.060 of Chapter 1.20 of Title 1. For immediate suspensions and/or confiscations, the appeal hearing, if requested, shall be held within ten business days after the filing of the appeal.

4. If an appeal is filed, the hearing officer may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in this section. The hearing officer shall also make appropriate findings regarding any confiscation.

(Ord. No. 1094B, § 5, 8-12-2025)