Health

OC Health Care Agency and several Fullerton City agencies close down sidewalk food vendors

The City of Fullerton’s Code Enforcement Division, alongside the Fullerton Police Department, Public Works, and Orange County Health Care Agency, coordinated a citywide effort to address the growing number of unpermitted food vendors in the city. The City of Fullerton is committed to ensuring that all business establishments located in the city have obtained the proper permits for the health and safety of all business patrons and members of the public.

A total of eleven street vendors were shut down in Fullerton between Thursday, September 14, and Friday, September 15, 2023. On both nights, Code Enforcement staff provided verbal Notice of Violation and educational information, and the OC Health Department issued notices to impound all products and equipment. The operators were informed regarding the process of retrieving the items with fees of $750 or more. At least five taco stands were cited and had equipment seized Thursday night.

In 2019, California law changed to decriminalize sidewalk vending. In response, the City of Fullerton amended the Fullerton Municipal Code in September 2020 to allow sidewalk vendors to operate with proper permits. The code requires vendors to meet specified health and safety standards. The Orange County Health Care Agency is responsible for the enforcement of these types of business establishments throughout Orange County to ensure that they have obtained the necessary permits and that all applicable health requirements are being met.

The City of Fullerton’s Code Enforcement Division responds to complaints from the public by coordinating with the OC Health Care Agency to conduct the proper enforcement efforts. Upon inspection, Code Enforcement staff will provide vendors with educational materials that outline the process for obtaining the necessary permits to operate in a safe and legal manner.  If the vendors are on private property, Code Enforcement will also notify the property owner that they cannot allow that use without obtaining all the required permits and approval. If a business is interested in more information on the permitting process, they may contact City of Fullerton Business Registration at 714-738-6531, email SidewalkVendorPermits@CityofFullerton.com, or visit CityofFullerton.com/sidewalkvending. Sidewalk vendors can pay online: https://buslic.cityoffullerton.com/PrimeWeb.

Requirements and links to the application and other information include the following:

Welcome to the City of Fullerton Business Registration Division – Sidewalk Vendor Certificate of Operation application website.

Beginning August 2, 2021, Sidewalk Vendor Certificates of Operation will be issued under the provisions of the Fullerton Municipal Code or regulations including, but not limited to, Zoning restrictions; land use specifications; business tax regulations; Police Department regulations; Fire, Health or Sanitation permits and regulations.

Sidewalk Vendor Certificates of Operations are issued and renewed on an annual basis and are based on the calendar year (January 1 through December 31).

Application packets outlining the process and requirements for a Sidewalk Vendor Certificate of Operation can be downloaded from the City’s website at cityoffullerton.com/sidewalkvending or be picked up at City Hall, first floor in the Business Registration Division.

Sidewalk Vendor Certificate of Operation applications require the following:
• Applicant’s name, address, Fictitious Business Name/DBA filing, seller’s permit/resale number, proposed hours of operation, general area of operation, signage, and description of vending equipment.

• The Understanding of Operating Requirements for the Sidewalk Vending Agreement to be signed by the applicant.

• Evidence of proof of Commercial General Liability Insurance (certificate/endorsement) to be approved by the City of Fullerton’s Risk Management Division.

• Live Scan Fingerprinting. Contact the City of Fullerton Police Department (714-738-5331) to obtain information on completing the Live Scan Fingerprinting process. Please note that third-party vendors for Live Scan Fingerprinting are not accepted.

• Food vending equipment utilizing cooking measures with open flames (regardless of fuel source) for food preparation shall comply with all Fire codes. Any vendor who uses combustible cooking media (e.g., vegetable or animal oils and fats) shall maintain a class K extinguisher on hand. Contact the City of Fullerton Fire Department (714-738-6500) for review of vending equipment by the Fire Marshall and obtain clearance from same, if applicable.

• Provide proof of seller’s permit/resale number from the California Department of Tax and Fee Administration, as required by the California Department of Tax and Fee Administration.

• Provide proof of Fictitious Business Name/DBA Filing with the Orange County Clerk Recorder’s Office, if applicable.

• Provide a copy of the Orange County Health Department Permit for the sale of food and/or beverage(s) and a copy of the certification of completion of a food handler course, if applicable.

• One photograph of the applicant and each employee, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the application.

Note: The application for the Sidewalk Vendor Permit will not begin processing until the Live Scan Fingerprinting application is approved by the City of Fullerton Police Department and until the required Certificate of Insurance is approved by the City of Fullerton’s Risk Management Division.

Prior to submitting the completed Sidewalk Vendor Certificate of Operation application to the Business Registration Division, the following items will need to be completed:

• Signed copy of city-approved Live Scan Fingerprinting application.

• Submittal of proof of permit from the City Fire Department, if required.

• Completed Sidewalk Vendor Certificate of Operation application.

• Signed copy of Understanding of Operating Requirements for Sidewalk Vending.

• Submittal of proof of City approved Commercial General Liability Insurance listing the City of Fullerton as an additional insured (certificate and/or endorsement).

• Submittal of proof of a seller’s permit/resale number from the California Department of Tax and Fee Administration, as required by the California Department of Tax and Fee Administration.

• Submittal of proof of a Fictitious Business Name/DBA Filing with the Orange County Clerk Recorder’s Office, as required by the Orange County Clerk Recorder’s Office.

• Submittal of a copy of the Orange County Health Department Permit for the sale of food and/or beverage(s), as required by the County of Orange Health Department.

Note: Failure to provide all information requested will delay the processing of your application. Once the application process is deemed complete by the Business Registration Division, a Sidewalk Vendor Certificate of Operations and the applicable decals will be issued. Decals will be preprinted with annual expiration dates and will expire on December 31st of each year.

If you have any questions, please contact the Business Registration office at 714/738-6531 or 714/738-5326 or email at businessregistration@cityoffullerton.com.

 


7 replies »

  1. Typical Fullerton city trying to control, I can’t even park in front of my own house and get an overnight parking citation. I’ve payed hundreds of dollars to these thief’s, sent emails and called several times. 

  2. I remember when I wanted to start a food business, it was so much red tape! I have never heard of anyone getting sick. I know a woman who sells tamales our of he car at a large store and they are awesome! I think, these guys are not lke that at all. They do seem to be highly organized and have found a way to avoid paying for permits. How many actual cases of disruption or illness have been reported? If the concen is public health, that is what should be the decidng factor and all property returned. That is just plain stealing!

  3. if it’s illegal than so be it.. help them on the path to have their business legal…if not than expect be raided.. not sir to business (brick and mortar and food trucks) who pay their share to do it legally.

  4. Curt. Not sure you’d be all property rights if you got food poisoning from poorly refrigerated or contaminated food.

  5. “effort to address” is a funny way of saying you conducted a covert surprise operation & seized ,fined &impounded personal without warning property depriving many independant business owners of their sole source of income

  6. As they should. Small business owners, including restaurants, cafés, stands and trucks have to run the gauntlet of public health standards to protect workers and customers and pay to do so. These pop ups have proliferated, and there’s no telling if their perishables and cooked goods are being kept at a consistent temperature. You’ve only got one part of this story. The other is whether or not these vendors are independent, or if they’re working for a larger entity that is openly flaunting the rules and sending out either employees, or people who pay rental for the set up. Find out.

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