HomeMy WebLinkAboutResolution 2025-26 - Mobile Vending Pilot Program.pdf
RESOLUTION 2025-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ESTABLISHING A MOBILE VENDING PILOT
PROGRAM TO ALLOW FOOD TRUCKS TO OPERATE IN
DESIGNATED AREAS WHILE STAFF UPDATES THE
MOBILE VENDING ORDINANCE
WHEREAS, the City of Gilroy currently regulates mobile vending under Chapter
16A, Article II of the Gilroy City Code, which limits operations to 10-minute intervals and
prohibits vending in certain commercial zones; and
WHEREAS, Chapter 16B of the Gilroy City Code provides more modern and
flexible regulations for sidewalk vending, including updated distance and operational
standards; and
WHEREAS, the City Council has directed staff to update the mobile vending
ordinance to reflect current best practices, balance health and safety concerns, and
support local economic development; and
WHEREAS, food trucks are increasingly viewed as an important tool for
supporting small businesses, promoting placemaking, and enhancing community
events; and
WHEREAS, a temporary pilot program will provide a low-risk opportunity to test
the feasibility of food truck operations in different areas of the City, allow for public input,
and inform permanent ordinance amendments; and
WHEREAS, staff has identified specific locations, times, and operational
standards under which food truck vending may occur during the pilot program period;
and
WHEREAS, adoption of a pilot program does not replace the City’s existing
permit and enforcement procedures but provides limited, conditional flexibility until the
ordinance update is completed.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF GILROY HEREBY establishes a Mobile Vending Pilot Program as follows:
SECTION I
The Mobile Vending Pilot Program shall be in effect upon adoption of this
resolution and shall expire on December 31, 2025, or upon adoption of a revised mobile
vending ordinance, whichever occurs first. Vendors participating in the Mobile Vending
Pilot Program shall be required to obtain and maintain a valid California Seller’s Permit,
a County of Santa Clara Department of Environmental Health (DEH) Permit, a City of
Gilroy Business License, and a City of Gilroy Mobile Vending Permit. The Mobile
Vending Permit issued under this program shall not require a livescan or background
check.
An initial sixty (60) day amnesty period shall be provided for vendors who do not
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Resolution No. 2025-26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
Page 2 of 7
yet possess a City of Gilroy Business License or Mobile Vending Permit. During this
amnesty period, participating vendors shall be required to register with the City
Administrator or his designee and provide proof of application submission for both the
Business License and Mobile Vending Permit, such as a screenshot or other verifiable
documentation of the submitted applications.
SECTION II
Mobile food vendors participating in the pilot program must comply with all
general requirements and operational standards outlined in the Mobile Vending Pilot
Program Guidelines, attached hereto as Exhibit A.
SECTION III
Mobile vending is prohibited in the following No Vending Zones:
• Public Right-of-Way on Monterey Street and side streets from Leavesley to
Luchessa Avenue.
• Private or Public Property fronting Monterey Street.
SECTION IV
Approved pilot vending areas include:
1. Permitted Special Events:
• Food trucks may participate in permitted special events with the
appropriate permits and approval from the event organizer.
2. Designated Downtown locations outside of the No Vending Zone, including the
5th Street Parking:
• Food trucks may operate within the Downtown Specific Plan Area at the
following locations: the 5th Street Parking Lot; designated spaces within
the public parking lots adjacent to Gourmet Alley (between East 4th Street
and East 6th Street); and designated spaces on Eigleberry Street. All
operations are subject to compliance with the City's Mobile Vending
Permit requirements and all other applicable permits and regulations.
• Food truck operations shall be permitted from June through December
2025, on Thursdays, Fridays, Saturdays, and Sundays. Hours of operation
shall not exceed 4:00 p.m. to 2:00 a.m. in the 5th Street Parking Lot, and
2:00 p.m. to 10:00 p.m. in the designated spaces adjacent to Gourmet
Alley.
• Food truck operations shall not occur on days when special events are
scheduled in these areas, unless operating in conjunction with the
permitted special event.
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Resolution No. 2025-26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
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3. Developed private property in commercial, industrial/manufacturing, and
mixed-use zones with appropriate approvals:
• Vendors may operate on private property outside of the No Vending Zone
with permission from the property owner.
• Hours of operation are subject to the operating hours of the host business,
not to exceed 6:00 am to 12:00 am.
• Vendors may not operate from vacant or undeveloped parcels.
All food trucks operating under this Resolution must ensure permanent restroom
and handwashing facilities are available within two hundred (200) feet of their operating
location if parked for longer than one hour, and must comply with all health, fire, and life
safety regulations.
SECTION V
The City Administrator or his designee is authorized to implement and manage
the necessary permitting, signage, compliance measures, and operational guidelines
consistent with this Resolution and the City Code. City staff shall monitor the pilot
program, collect data, and return to City Council with an evaluation report and
recommendations for permanent ordinance amendments prior to expiration of the pilot
program.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 2nd day of June 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: Bracco; Cline; Fugazzi; Hilton; Marques;
Ramirez; Mayor Bozzo
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Acting City Clerk
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Resolution No. 2025-26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
Page 4 of 7
EXHIBIT A
City of Gilroy
Mobile Vending Pilot Program Guidelines
Effective Upon Adoption – December 31, 2025 (or until a new ordinance is adopted)
To participate in the pilot program, vendors must register with the Administration Department.
A link to register can be found at cityofgilroy.org/384/Economic-Development, or by contacting
the City’s Economic Development team at 408-846-0207.
1. Purpose
The purpose of this Mobile Vending Pilot Program is to allow temporary, regulated food truck
operations in designated areas of the City of Gilroy while the City updates its permanent mobile
vending ordinance. This pilot program provides an opportunity to evaluate the feasibility,
community response, and operational impacts of mobile vending in various
settings.
2. Program Duration
The pilot program shall be effective immediately upon adoption and will remain in place until
December 31, 2025, or until a revised ordinance is adopted by the City Council, whichever
occurs first.
3. General Requirements
All mobile vendors must comply with the following requirements:
- Possess a valid Mobile Vending Permit issued by the Gilroy Police Department
- Possess a valid City of Gilroy Business License
- Possess a Santa Clara County Environmental Health Permit (if applicable)
- Possess a California Department of Tax and Fee Administration Seller’s Permit
- Provide proof of permission to use restroom facilities if operating longer than one hour
- Comply with operational standards established in Chapter 16B for consistency
An initial sixty (60) day amnesty period shall be provided for vendors who do not yet possess a
City of Gilroy Business License or Mobile Vending Permit. During this amnesty period,
participating vendors shall be required to register with the City Administrator or his designee and
provide proof of application submission for both the Business License and Mobile Vending
Permit, such as a screenshot or other verifiable documentation of the submitted applications.
License/Permit Organization Contact Information
City of Gilroy Mobile
Vending Permit
City of Gilroy Police Department Telephone – (408) 846-0309
City of Gilroy Business
License
City of Gilroy Finance Department Telephone – (408) 846-0420
https://www.cityofgilroy.org/207/B
usiness-Licenses
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Resolution No. 2025-26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
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License/Permit Organization Contact Information
Health Permit County of Santa Clara Department
of
Environmental Health, Consumer
Protection Division
Telephone – (408) 918-1908
https://cpd.sccgov.org/food/mobile-
food-facilities
Sellers Permit California Department of Tax and
Fee
Administration
Telephone – 1-800-400-7115
https://www.cdtfa.ca.gov/services/
#Overview
4. No Mobile Vending Zones
Mobile vending is prohibited in the following areas:
- Public Right-of-Way on Monterey Street and side streets from Leavesley to Luchessa Avenue
- Private or Public Property fronting Monterey Street
5. Pilot Locations and Conditions
All food trucks operating under this Resolution must ensure permanent restroom and
handwashing facilities are available within two hundred (200) feet of their operating location if
parked for longer than one hour, and must comply with all health, fire, and life safety
regulations.
A. Special Events
Food trucks may operate at permitted special events for the duration of the event, provided
they are listed on the special event permit. Vendors must follow all location, safety, and
sanitation rules during the event.
B. Downtown Locations
-Food trucks may operate within the Downtown Specific Plan Area at the 5th Street Parking Lot
and the public parking lots adjacent to Gourmet Alley between East 4th Street and East 6th
Street, subject to compliance with the City's Mobile Vending Permit and all applicable
permitting requirements.
-Food truck operations shall be allowed during the months of June through December 2025, on
Thursdays, Fridays, Saturdays, and Sundays, not to exceed the hours of 4:00 pm and 2:00 am in
the 5th Street Parking Lot, and 2:00 pm to 10:00 pm in designated spaces in the public parking
lots adjacent to Gourmet Alley between East 4th Street and East 6th Street, excluding days when
special events are scheduled in those areas.
- Allowable hours in the 5th Street lot may be adjusted to fit demand.
-Private property along Gourmet Alley may be used with owner permission and required permits
C. Private Property
Mobile vendors may operate on developed private property in Commercial,
Industrial/Manufacturing, and Mixed-Use
Zoning Districts. Residential zoning districts are prohibited.
- Hours of operation: Hours cannot exceed those of the host business, and cannot operate
outside of the hours of 6:00 am – 12:00 am.
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Resolution No. 2025-26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
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- Vendors must have written permission from the property owner and must not interfere with
minimum required parking requirements.
- Vendors may not operate from vacant or undeveloped parcels.
6. Operational Standards
- No external signage, flags, or banners (only painted signage compliant with zoning code)
- No tents, tables, canopies, or other temporary structures allowed.
- No generators exceeding acceptable noise levels
- Waste and grease must be properly disposed of; vendors must provide trash receptacles
- Maintain a minimum 5 feet or 50% of sidewalk clearance for pedestrian access
- Maintain a 25-foot distance from ATMs
In addition, vendors may not operate:
- In any city park where there is a concessions agreement that exclusively permits the sale of
food or merchandise by a concessionaire.
- Within three hundred (300) feet of a permitted, certified farmers’ market or permitted special
event during its operation.
- Within four hundred (400) feet of a school between the hours of 7:00 a.m. and 4:00 p.m. on
school days.
- Within six hundred (600) feet of any entertainment establishment between the hours of 10:00
p.m. and 2:30 a.m.
7. Evaluation and Reporting
City staff will monitor and evaluate the pilot program based on:
- Public and business feedback
- Vendor participation and permit data
- Code enforcement or safety issues
- Traffic, parking, and pedestrian impact observations
Staff will report findings to the City Council prior to the program’s conclusion.
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Resolution No. 2025-26
Mobile Vendor Pilot Program
City Council Regular Meeting | June 2, 2025
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CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No. 2025-26 is an original resolution, or true and correct copy
of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting
of said Council held on Monday, June 2, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this June 10, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
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