TO:
Honorable Parking and Public Improvements Commission Chair and Commissioners
THROUGH:
Michael Codron, Interim Community Development Director
FROM:
Erik Zandvliet, T.E., City Traffic Engineer
SUBJECT:Title
Consider Modifications to the Municipal Code Related to Mobile Food Vendors
RECOMMEND ADOPTION BY CITY COUNCIL
Body
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RECOMMENDATION:
Staff recommends that the Commission pass a motion recommending that City Council adopt an ordinance amending Chapter 3.68 of the City’s Municipal Code regulating mobile food vendors.
BACKGROUND:
This summer, a number of mobile food vendors began operating in Southern California cities, including congested coastal communities. On July 15, 2025, the City Council directed staff to agendize a consideration of an update to the City’s mobile food vendor regulations to protect public health and safety related to increased congestion, increased tourists, narrow streets, and limited parking, especially in the City’s commercial areas in close proximity to the beach.
The City’s existing regulations regarding mobile food vendors in the public right-of-way (ROW) are found in Municipal Code Chapter 3.68, which was adopted by the City Council on February 21, 2012 (Attachment A). These regulations were established in accordance with California law, which authorizes cities to adopt regulations to facilitate the public safety relating to the type of vending, and the time, place and manner of vending.
This report is a review of State, County and City regulations that are applicable to mobile food vendors and a summary of current practices in other municipalities that could be adapted for use in Manhattan Beach.
DISCUSSION:
The California Vehicle Code authorizes municipalities to regulate mobile food vending in order to protect public health and safety. In addition, Article XI, Section 7 of the California Constitution extends police power authority to municipalities to regulate public health and welfare. Most vendors must obtain a Seller’s License from the California Department of Tax and Fee Administration. Additionally, California Code 114315(a) requires the vendor be located in proximity to restroom and handwashing facilities, as follows:
A food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.
In Los Angeles County, mobile food vendors must obtain a Mobile Food Facility Permit from the Los Angeles Department of Public Health. This permit ensures that the operator complies with applicable County food safety and handling requirements. The permit requires an annual inspection of the mobile food facility (food truck) to guarantee that it meets certain health standards. The County permit also requires that the vendor has proper food handling certification, and the vending vehicle has a current vehicle registration, if applicable. More information on the LA Public Health website regarding Health Permits for mobile food facilities.
Besides State and County requirements, the City requires mobile food vendors obtain a Manhattan Beach business license to operate in the City. The business license is not a permit and does not give authority to operate in any specific location or area. Vendors are responsible for complying with all State, County and local codes and regulations. Pursuant to MBMC 6.01.160, City Council may revoke a business license if it is determined that the business has violated any conditions of the license or any other terms of the City's municipal code or law of the State.
The California Mobile Food Vendor Act (SB 946), effective January 1, 2019, decriminalized mobile food vending at the state level but preserved local authority to regulate vendors through business licenses, health permits, and location restrictions. In addition, California Senate Bill SB 972, effective January 1, 2023, established a new category called Compact Mobile Food Operations (CMFOs), otherwise known as sidewalk vendors, and modified health codes to remove barriers for obtaining health permits for non-motorized food carts while maintaining public health standards. The City requires a special permit for sidewalk vendors. (Attachment B)
Public Safety Concerns
As noted above, the California Constitution and California Vehicle Code authorize local municipalities to adopt regulations to ensure public safety and welfare relating to the type of vending, and the time, place and manner of vending. Public safety concerns fall into four main categories, as follows:
- Public Health – Unsanitary food preparation, vermin attraction
- Environmental – Illegal dumping, oil and grease disposal, damage to infrastructure
- Safety – Fire hazards, traffic congestion, unsafe parking, pedestrian access, ADA compliance, driver sight distance
- Quality of Life – Noise, unruly or aggressive behavior, disturbing the peace
The following section is a discussion of regulations related to public safety that have been or could be implemented to ensure safe mobile food vending operation in the City.
Compliance with Parking and Traffic Laws – This is an existing regulation that ensures that parking time limits, meter fees, prohibited parking zones and all other vehicle codes apply to mobile food vendors. Enforcement and fines are discussed later in this report.
Pedestrian Obstructions – The existing code prohibits pedestrian obstructions in general and specifically prohibits encroachment by any part of the vending vehicle or other equipment or furniture on the sidewalk. Additional regulations to be considered include a minimum unobstructed accessible path (5-feet minimum), prohibition of signs or advertising in the right-of-way, and establishment of customer lines that do not block the sidewalk. A prohibition of any seating or tables or displays of merchandise in the right-of-way can also be considered. Access to emergency exits and other life safety equipment should be maintained at all times.
Vehicular Obstructions – The existing code prohibits obstruction of vehicular traffic in general. Specifically, the code prohibits vending from the street or traffic side of the vending vehicle and parking within 25 feet of an intersection controlled by a crosswalk, traffic light or stop sign. Additional regulations may be considered to prohibit parking within a certain distance of any intersection to maintain a minimum recommended driver sight distance of 150 feet, as well as within 50 feet of a driveway or bus stop.
Proximity to Certain Uses – The existing code prohibits vending within 300 feet of a school property on school days between 7AM and 5PM. This is to reduce the risk of school age pedestrian collisions going to/from the vendor in an unsafe manner. Any prohibition near a certain use would need to be justified on the basis of public safety or welfare. Additional proximity prohibitions could include other public facilities such as the beach, pier, library, civic center, fire and police stations, public parking lots, places of worship, child day care, Farmer’s Market, parks and other places where vendor operations may impede public safety. A minimum distance to another mobile food vendor can also be established to reduce traffic impacts, crowding on the sidewalk or street congestion.
State and Local Laws – The existing code requires compliance with applicable State and local laws, including licensing, permits, food labeling, inspections and certifications.
Time Limits – A maximum vending time at one location could be required in certain districts or street segments to ensure an opportunity for the public to park in those spaces, particularly in areas that do not have existing time-limit parking. Limiting the time a vendor operates also discourages attraction of vermin to a particular location, particularly if the vendor parks in the same location every day. Similarly, a maximum number of vending days per week within a particular area could be imposed.
Parking Beyond Parking Space – The City has an existing code prohibiting parking outside any painted parking space. Parking in more than one space reduces parking availability and can impede access to adjacent parking spaces. This prohibition is enforced with citations. The City’s current municipal code and California Vehicle Code does not allow for parked vehicles in violation of local codes to be towed away except in fire lanes and when abandoned (over 72 hours). Mobile food vendors typically accept and pay for illegal parking citations as the cost of doing business. Escalating or higher fines may provide an incentive to obey parking regulations.
Parking in Metered Spaces – There are no current codes prohibiting the use of metered spaces by mobile food vendors. The vendor must pay the meter and vacate the space after the maximum time limit. However, enforcement is by citation only, and vendors often treat the citations as the cost of doing business. Progressive fines may be more effective in discouraging this practice. A City-issued mobile food vendor permit program could be established with conditions to revoke the permit to operate in the City if the vendor repeatedly violates local codes.
Parking on High Speed Streets – Vending on streets with a speed limit of 35 MPH or higher can endanger public safety as drivers may have to swerve quickly to avoid pedestrians or other drivers parking to buy food from the vendor, which increases congestion and the potential for collisions.
Trash and Cleanliness – The existing code requires the vendor to maintain a litter receptacle and to remove all trash from the vicinity prior to leaving the location. Additional regulations can be considered to prohibit the dumping of the vendor’s trash and liquids in public receptacles, dumpsters or in any public facilities such as storm drains.
Disposable Plastics – The regulations should specifically require compliance with the City’s disposable plastic ordinances including the prohibition of plastic bags and take-out boxes.
Noise and Amplified Sound – The city’s noise ordinance regulates maximum sound levels during certain hours of the day. Additional regulations could be considered to prohibit food trucks from operating within a certain distance of residential or other noises sensitive land uses for the peaceful enjoyment of residents and others. Amplified sound of any kind should be prohibited.
Residential Areas – Specific regulations should be identified to prohibit long-term vending in residential areas during the evening hours to avoid disturbance to adjacent residents. Roaming ice cream vendors or food trucks serving construction sites could be allowed if they do not remain stationary for longer than necessary to complete the order.
Business License Fees and Revocation – The City’s business license fee for mobile food vendors could be evaluated to more accurately represent the value of sales from the vendor. In addition, fines and revocation terms for violating the license terms can be reviewed to ensure compliance with the City’s codes.
Liability Insurance – Some cities require that the vendor maintain a minimum amount of general liability insurance to insure the city against negligent actions made by the vendor or damage that occurs to City property. The insurance coverage names the City as additionally insured. This is commonly administered through a permit program, similar to Right-of-Way permits.
Designated Food Truck Zone – Some cities have established designated food truck zones in conjunction with prohibited areas where congregating around a food truck would block traffic or public sidewalks, such as near the beach or pier. The designated zones are a safer and more controlled alternative.
Accessories and External Power – There are no current codes explicitly prohibiting canopies, lighting, portable cooking equipment, or external power adjacent to the mobile food vehicle. These accessories should be expressly prohibited in the regulations.
Alcoholic Beverages – Regulations should be considered to prohibit the sale or consumption of alcoholic beverages within a certain distance of a mobile food vendor.
Signs – The existing code prohibits commercial signs in the public right-of-way. However, mobile food vendor regulations should explicitly state that any signs must be attached to the vehicle only. Animated, flashing or scrolling signs should be prohibited to reduce distraction to drivers.
City-Issued Mobile Food Vendor Permit
Many cities have established a local permit process that provides greater accountability to ensure compliance with the laws and regulations. Whereas a business license grants a business the legal authority to operate within the City, a permit provides permission to carry out specific activities that comply with particular safety and regulatory requirements. In addition to the information that the City already gathers for a mobile food vendor business license, a mobile food vendor permit usually requires copies of State, County and local permits; may contain a hold-harmless agreement; and usually includes an acknowledgement that the vendor will comply with the conditions and penalties associated with non-compliance. The permit may also include pictures of the food facility for identification purposes and copies of relevant health permit, insurance and licensing documentation. If mobile food vendor permits are enacted, the Fire Department recommends including a mandatory fire and life safety inspection as a condition to ensure adherence to all applicable fire and related code requirements.
Oversize Vehicle Prohibition
Mobile Food Trucks that exceed the City’s dimensions of an oversized vehicle as defined in Municipal Code Chapter 14.46 can create safety concerns when parked in a standard marked parking space by extending beyond the designated parking boundaries. Infringement onto a separate parking stall hinders another vehicle’s ability to park safely in the impacted space. It should be noted that mobile food vendors are allowed to operate in the City without an oversize vehicle permit pursuant to Section 14.46.030D. Oversized vehicles are prohibited from parking on City streets, except in the Coastal Zone.
Enforcement Actions
Existing police enforcement actions include citations for not parking within lines and/or in a red zone, staying over the posted limit, expired meter, etc. Code enforcement actions include violations of regulations outlined in MBMC 3.68.
Additionally, the City’s Municipal Code outlines a process for the revocation of a business license. As outlined by MBMC 6.01.160, the City Council may revoke a business license if it is determined that the business has violated any conditions of the license, or permit, or any other terms of the City's municipal code or law of the State, or has conducted business in an amoral or disorderly manner or that the business has been so conducted as to be a public nuisance; provided, however, that no license shall be revoked without giving the business an opportunity to appear before the City Council and be heard on their own behalf following a duly noticed hearing not less than five days before the hearing.
If a City mobile food vendor permit program is established, additional enforcement actions could be taken similar to the suspension, revocation or denial of other permits in the City. Specific administrative citations, fines, penalties, revocation and appeal terms could be imposed to obtain compliance by the mobile food vendor or prohibit its operation in the City.
RECOMMENDATION:
It is recommended that the Commission hear public testimony, discuss, and provide recommendations to amend the City’s Municipal Code regulating mobile food vendors.
PUBLIC OUTREACH:
On July 10, 2025, the DBPA discussed this matter at its monthly board meeting and invited City staff to attend and listen. The DBPA and North MB business associations were invited to this meeting and encouraged to reach out to their members. The public has been informed of this agenda item as part of the City’s standard meeting notice practices via public bulletin boards, website calendar, and social media.
ATTACHMENT/ATTACHMENTS:
1. Municipal Code Section 3.38
2. Sidewalk Vending Permit Application