BILL NUMBER: AB 2588	CHAPTERED  07/17/08

	CHAPTER  139
	FILED WITH SECRETARY OF STATE  JULY 17, 2008
	APPROVED BY GOVERNOR  JULY 17, 2008
	PASSED THE SENATE  JUNE 26, 2008
	PASSED THE ASSEMBLY  JUNE 30, 2008
	AMENDED IN SENATE  JUNE 9, 2008
	AMENDED IN ASSEMBLY  MARCH 25, 2008

INTRODUCED BY   Assembly Member Charles Calderon
   (Coauthor: Senator Romero)

                        FEBRUARY 22, 2008

   An act to amend Sections 113709 and 114315 of the Health and
Safety Code, and to amend Section 22455 of the Vehicle Code, relating
to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2588, Charles Calderon. Commercial vehicle vending:
restrictions.
   Existing law authorizes local authorities, by ordinance or
resolution, to adopt requirements for the public safety regulating
any type of vending from vehicles upon any street.
   This bill would additionally authorize local authorities to impose
time, place, and manner restrictions on vending activities from
those vehicles.
   Existing law, the California Retail Food Code (CRFC), provides for
the regulation by the State Department of Public Health of health
and sanitation standards for retail food facilities, as defined,
including mobile food facilities.
   This bill would expressly provide that the CRFC does not prohibit
a local governing body from adopting requirements for the public
safety regulating the type of vending and the time, place, and manner
of vending from vehicles upon a street.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 113709 of the Health and Safety Code is amended
to read:
   113709.  This part does not prohibit a local governing body from
adopting an evaluation or grading system for food facilities, from
prohibiting any type of food facility, from adopting an employee
health certification program, from regulating the provision of
consumer toilet and handwashing facilities, or from adopting
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon a street
pursuant to its authority under subdivision (b) of Section 22455 of
the Vehicle Code.
  SEC. 2.  Section 114315 of the Health and Safety Code is amended to
read:
   114315.  (a) 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.
   (b) This section does not limit the authority of a local governing
body to adopt, by ordinance or resolution, additional requirements
for the public safety, including reasonable time, place, and manner
restrictions pursuant to its authority under subdivision (b) of
Section 22455 of the Vehicle Code.
  SEC. 3.  Section 22455 of the Vehicle Code is amended to read:
   22455.  (a) The driver of any commercial vehicle engaged in
vending upon a street may vend products on a street in a residence
district only after bringing the vehicle to a complete stop and
lawfully parking adjacent to the curb, consistent with the
requirements of Chapter 9 (commencing with Section 22500) and local
ordinances adopted pursuant thereto.
   (b) Notwithstanding subdivision (a) of Section 114315 of the
Health and Safety Code or any other provision of law, a local
authority may, by ordinance or resolution, adopt additional
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon any
street.