ARTICLE XIXa. MOBILE FOOD VEHICLE VENDORS

26-1030 Mobile food vehicle vendors.

(Ord. No. 2320, § 1, 3-17-14)

26-1031 Short title.

This article may be referred to as the “City of Pontiac Mobile Food Vehicle Ordinance.”

(Ord. No. 2320, § 1, 3-17-14)

26-1032 Definitions.

As used in this article, the following terms shall have the meanings indicated:

Mobile food vehicle means a motorized vehicle or trailer used for the purpose of selling prepared foods to the general public.

Mobile food vehicle vendor means an operator of a mobile food vehicle who has obtained a license or permit from the City to operate a mobile food vehicle, and referred to in this article as “vendor.”

(Ord. No. 2320, § 1, 3-17-14; Ord. No. 2323, § 1, 11-1-14)

26-1033 Scope.

The provisions of this article apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverage for sale to the general public in public and private restricted spaces. This article does not apply to vehicles which dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks or food vending pushcarts and stands located on sidewalks.

(Ord. No. 2320, § 1, 3-17-14; Ord. No. 2323, § 1, 11-1-14)

26-1034 License required.

(a)    It shall be unlawful for any person, including any religious, charitable, or nonprofit organizations, to operate within the City a mobile food vehicle without having obtained from the Building Safety Division a license for that purpose. Religious, charitable, and nonprofit organizations are required to obtain a permit at no cost. Such permit shall not count against the ten permits authorized in subsection (e) of this section.

(b)    A person desiring to operate a mobile food vehicle shall make written application for such license to the Building Safety Division. The application for a license shall be on forms provided by the City and shall include the following:

(1)    Name, signature, phone number, e-mail contact, and business address of the applicant.

(2)    A description of the preparation methods and food products offered for sale, including the intended menu.

(3)    Information on the mobile food vehicle, to include year, make and model of the vehicle or trailer and dimensions, which shall not exceed 36 feet in length or nine feet in width.

(4)    Information setting forth the proposed hours of operation, area of operations, plans for power access, water supply and wastewater disposal.

(5)    Copies of all necessary licenses or permits issued by the Oakland County Health Department.

(6)    Insurance Coverage.

a.    Proof of a general comprehensive liability policy with limits of no less than $2,000,000.00 combined single limit coverage issued by an insurer licensed to do business in this state and which names the City as an additional insured.

b.    Proof of a public liability and property damage motor vehicle policy with limited of no less than $1,000,000.00 issued by an insurer licensed to do business in this state.

(7)    Any other information required by the Community Development Director.

(c)    All vendors receiving a license under this article shall pay the annual fee as set from time to time by City Council. Upon adoption of the ordinance codified in this article, the fee shall be $200.00 until changed by resolution of the City Council.

(d)    Mobile food vendors are not subject to the team inspection requirement of the City’s business license ordinance. The initial business license fee is waived for mobile food vendors. All mobile food vendors shall be subject to the renewal business license fee.

(e)    The Building Safety Division shall issue no more than ten active mobile food vehicle licenses for any calendar year. For the first ten licenses issued by the City, licenses shall be issued in order to applicants who have met all of the criteria established by this code to obtain such a license. Each mobile food license shall expire on December 31 of each year.

(f)    A license issued under this article shall not be transferable from person to person.

(g)    A license is valid for one mobile food vehicle only and shall not be transferred between vehicles.

(h)    License renewal for existing mobile food vehicle licenses shall begin on April 1 of each year. During the period of April 1 through April 14, renewal licenses only will be issued. Beginning on April 15 of each year, any remaining mobile food vehicle licenses will be issued on a first-come, first-served basis to applicants who meet all conditions required to obtain such a license.

(Ord. No. 2320, § 1, 3-17-14; Ord. No. 2323, § 1, 11-1-14)

26-1035 Regulations.

(a)    No operator of a mobile food vehicle shall park, stand or move a vehicle and conduct business within areas of the City where the license holder has not been authorized to operate. These streets and public areas where parking by mobile food vehicles is permitted shall be identified by the Community Development Director.

(b)    The customer service area for mobile food vehicles shall be on the side of the truck that faces a curb, lawn, or sidewalk when parked. No food service shall be provided on the driving-lane side of the truck. No food shall be prepared, sold, or displayed outside of mobile food vehicles.

(c)    No mobile food vehicle vendor shall provide or allow any dining area within ten feet of the mobile food vehicle, including but not limited to tables and chairs, booths, stools, benches, or stand-up counters.

(d)    Customers shall be provided with single-service articles, such as plastic utensils and paper plates, and a waste container for their disposal. All mobile food vehicle vendors shall offer a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water on the streets is allowed. Barbeque pits shall require coals to be disposed of in a metal container with a securable lid. Coals must be emptied from the barbeque pit at the end of each day.

(e)    No mobile food vehicle shall make or cause to be made any unreasonable or excessive noise. The operation of all mobile food vehicles, including generators, shall adhere to the standards set forth in chapter 58, article IV – Non-Vehicular Noise. No loud music, other high-decibel sounds, horns, or amplified announcements are allowed.

(f)    Signage is only allowed when placed on mobile food vehicles. No separate freestanding signs are permitted.

(g)    No flashing or blinking lights or strobe lights are allowed on mobile food vehicles or related signage when the vehicle is parked and engaged in serving customers. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.

(h)    Mobile food vehicles, when parked on public streets, shall be parked in conformance with all applicable parking restrictions and shall not hinder the lawful parking or operation of other vehicles.

(i)    A mobile food vehicle shall not be parked on the street overnight or left unattended and unsecured at any time food is in the vehicle. Any mobile food vehicle found to be unattended shall be considered a public safety hazard and may be ticketed and impounded. Unattended mobile food vehicles left on private lots overnight shall be considered a public safety hazard and may be ticketed and impounded.

(j)    A vendor shall not operate a mobile food vehicle within 500 feet of any fair, festival, special event or civic event that is licensed or sanctioned by the City unless the vendor has obtained written permission from the event sponsor and filed that with the Building Safety Division.

(k)    The issuance of a mobile food vehicle license does not grant or entitle the vendor to the exclusive use of any service route or parking space to the license holder.

(l)    A vendor shall not operate on private property without first obtaining written consent to operate from the affected private property owner.

(m)    No mobile food vehicle shall use external signage, bollards, seating or other equipment not contained within the vehicle. When extended, awnings for mobile food vehicles shall have a minimum clearance of seven feet between the ground level and the lowest point of the awning or support structure.

(n)    Any power required for the mobile food vehicle located on a public way shall be self-contained, and a mobile food vehicle shall not use utilities drawn from the public right-of-way. Mobile food vehicles on private property may use electrical power from the property being occupied or an adjacent property, but only with a valid electrical permit and when the property owner provides written consent to do so. All power sources must be self-contained. No power cable or equipment shall be extended at or across any City street, alley or sidewalk. No gas-powered generators are permitted.

(o)    Mobile food vehicles shall not be parked within 150 feet of an existing brick-and-mortar restaurant during the hours when such restaurant is open to the public for business.

(p)    Mobile food vehicles shall not be parked within 150 feet of a residential property.

(q)    Operating a Mobile Food Vehicle on Private Property.

(1)    A vendor shall be permitted to operate on private property if the property is zoned for commercial, industrial, or mixed use and the operation of the mobile food vehicle is not within 150 feet of a residential building.

(2)    A private property owner shall not permit parking by a mobile food vehicle until:

a.    A special exemption permit has been obtained to allow for such use if the site is within 150 feet of a residential building.

b.    All property taxes must be up to date to secure a special exception permit.

(3)    Mobile food vehicles are permitted in residential districts as a special land use and require a special exception permit, as described in Section 2.544(D) of the Pontiac Zoning Ordinance.

(4)    Conformance with subsections (a) through (p) of this section.

(Ord. No. 2320, § 1, 3-17-14; Ord. No. 2323, § 1, 11-1-14)

26-1036 Enforcement.

(a)    Any license holder operating a mobile food vehicle in violation of any provision of this article or any rules and regulations promulgated by the City shall be subject to a civil fine of $500.00 per day. Each day of violation shall constitute a separate and distinct offense.

(b)    Once a license has been issued, it may be revoked, suspended or not renewed by the Community Development Director for failure to comply with the provisions of this article and any rules or regulations promulgated by the City.

(Ord. No. 2320, § 1, 3-17-14)

26-1037 Denials and appeals.

(a)    Pursuant to section 26-43, Denial; revocation; suspension, the issuance of licenses applied for under this article may be denied by the Director of Community Development and licenses issued may be revoked or suspended by the Director of Community Development at any time for the reasons set forth in section 1-24 and in accordance with the procedures contained therein, unless specifically provided for otherwise in this article.

(b)    Pursuant to section 26-44, Hearing procedures, any person whose application for a license is denied shall have the right to a hearing before the Board of Appeals, provided a written request therefor is filed with the Administrator within ten days following the denial of the application for a license. The Board of Appeals may reverse any determination to deny the issuance of a license and the Board of Appeals may grant any license. No person shall operate any business during any time when his license therefor has been suspended, revoked or cancelled. Before a license issued pursuant to this article may be suspended or revoked, the notice and hearing procedures contained in section 1-24 shall be followed.

(Ord. No. 2320, § 1, 3-17-14)

26-103826-1075 Reserved.