Ordinance 3041roved at, to Form
CITY OF ALAMEDA ORDINANCE NO. 3041
AMENDING SECTIONS 6 -27.4, 6 -52.1, AND 22 -8.1 OF THE ALAMEDA
MUNICIPAL CODE TO ALLOW SALE OF GOODS FROM A ROLLING STORE
WITH APPROVAL OF A SPECIAL EVENT PERMIT, CONDITIONAL USE
PERMIT, OR ENCROACHMENT PERMIT
WHEREAS, Cities around the country including Portland, Oregon,
t Austin, Texas, and San Francisco, California have successfully used attractive
and eclectic food trucks and carts to provide interim uses for vacant parcels and
to attract people to underutilized commercial neighborhoods; and
WHEREAS, the City of Portland's experience has demonstrated that
food trucks can attract pedestrian traffic with a non - traditional, communal eating
experience where customers may intermingle and interact with chefs directly;
and
WHEREAS, food trucks may help create amenities for underserved
commercial areas, such as Alameda Point and Harbor Bay Business Park; and
WHEREAS, having a food truck program in Alameda has the potential of
revitalizing vacant properties and blighted areas by attracting patrons; and
WHEREAS, a new generation of entrepreneurs is using food trucks and
new social and mobile media marketing tools as an inexpensive way to start
restaurants; and
WHEREAS, food trucks allow up- and - coming chefs to enter the
marketplace with multiple points of access and a broad range of innovative
menus; and
WHEREAS, the thriving food truck business sector is part of a larger,
long -term trend in providing high quality, convenient dining; and
WHEREAS, there are certain barriers in Alameda's Municipal Code that
need to be removed to encourage food trucks in appropriate locations and to be
consistent with the City's existing practices.
BE IT ORDAINED by the City Council of the City of Alameda:
Section 1. SECTION 6 -27.4 of the Alameda Municipal Code is hereby
amended to read as follows:
6 -27.4 — Fixed Place of Business Required.
It shall be unlawful to peddle by hand or from a vehicle, or sell from other
than a fixed place of business, any meat, meat food products, seafood or
dressed poultry except that such activities may be allowed from a rolling store
with approval of a Conditional Use Permit at the following locations: the former
Naval Air Station at Alameda Point, the College of Alameda property, the South
Shore Shopping Center, and the Marina Village and Harbor Bay Business
Parks; or with the approval of a Special Event Permit or Encroachment Permit.
Section 6 -52.1 of the Alameda Municipal Code is hereby amended to
read as follows:
Section 2. Section 6 -52.1 — Sale or Display of Merchandise on Streets
or Sidewalks Prohibited.
It shall be unlawful for any person, firm, company or association to use
any portion of any of the public streets or sidewalks in the City for selling or
dispensing any kind of goods, wares or merchandise, and it shall be unlawful to
use the public streets for any purpose other than the passage or repassage of
people or vehicles, except the peddling of fresh fruit and vegetables mentioned
in subsection 22 -8.2, providing the peddlers thereof keep moving from place to
place and do not confine their peddling to one (1) particular locality. The use or
occupation of the public streets or sidewalks for exhibiting or displaying vehicles
or other property for rent or sale, or for assembling, constructing or repairing
vehicles or other property, shall constitute a violation of this section; provided
any person may make emergency repairs to a vehicle on the streets in case of
accident or a breakdown to such a vehicle while traveling thereon. Nothing
herein shall be deemed to prohibit the City from allowing, through approval of a
conditional use permit or encroachment permit, the temporary closing of a
portion of any street or sidewalk during building construction, or allowing the
temporary permission to storekeepers to use a portion of the sidewalk in front of
their premises for the exhibition or sale of goods, wares, or other classes of
merchandise, or prevent the City from granting an encroachment permit, special
event permit, or conditional use permit for the temporary sale of food from a
rolling store.
A license to do peddling in the City shall not entitle the holder therefore
to occupy any particular place on any street or sidewalk of the City for any
definite period, but such licensee must keep moving along the street from place
to place, unless the license is accompanied by a Special Event Permit,
Conditional Use Permit, or Encroachment Permit for a rolling store.
Section 3. SECTION 22 -8.1 of the Alameda Municipal Code is hereby
amended to read as follows:
22 -8.1 — Use of Street for Sale of Goods from Rolling Store.
It shall be unlawful for any person to use any of the public streets of the
City for the purposes of vending goods, wares, food stuffs or any other class of
merchandise form a rolling store or store on wheels, unless the activity has
been approved by a Conditional Use Permit at the following locations: the
former Naval Air Station at Alameda Point, the College of Alameda property, the
South Shore Shopping Center, and the Marina Village and Harbor Bay
Business Parks; or has been approved by a Special Event Permit or
Encroachment Permit.
Section 4. This Ordinance shall be in full force and effect from and
after the expiration of thirty (30) days from the date of its final passage.
Section 5. Severability Clause: It is the declared intent of the City
Council that if any section, subsection, sentence, clause, phrase, or provision of
this ordinance is held invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not be so construed as to
render invalid or unconstitutional the remaining provisions of this ordinance.
Attest:
Lara Weisiger, City Clerk (
City of Alameda
Presiding Officer of the Council
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 3rd day of January, 2012, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of January, 2012.
Lara Weisiger, City Cllr
City of Alameda