Chapter 17.91
MOBILE VENDORS
Sections:
17.91.050 Locations and requirements.
17.91.070 Carrying of permit required.
17.91.090 Yearly permit and fees.
17.91.010 Purpose.
The purpose of this chapter is to regulate the activities of mobile vendors located within areas owned, maintained, or under the control of the city and to promote the dependability and accountability of said vendors. (Ord. 3688 § 4, 2016).
17.91.020 Permit required.
A. No person may operate a mobile vending unit within the city of Mount Vernon without first obtaining a mobile vendor permit under this chapter.
B. Permits issued pursuant to this chapter are not transferable to a different applicant.
C. Mobile vendor permits are Type 1 permits as defined by Chapter 14.05 MVMC. (Ord. 3688 § 4, 2016).
17.91.030 Definitions.
A. “Mobile vendor” or “vendor” means a person or persons owning, operating, or working in a nonmotorized mobile vending unit and is the permit holder and person in charge of a mobile vending unit. Mobile vendors that sell food products are subject to the provisions of the Washington Administrative Code, WAC 246-215-121 and the rules of Skagit County health department.
B. “Mobile vending unit” means a self-contained, readily movable, nonmotorized service establishment such as a push cart, or a temporary/movable structure approved for mobile vending. These units provide space for limited storage, handling, display, and/or dispensing of foods. Mobile vending units selling food products must obtain requisite permits from the Skagit County health department. (Ord. 3688 § 4, 2016).
17.91.040 Exemptions.
This chapter shall not apply to:
A. A farmer or gardener vending his own unprocessed farm products raised or grown exclusively upon lands owned or tenanted by him/her.
B. Newspaper carriers.
C. Candidates for elected government positions and their campaign workers.
D. Private garage/yard and estate sales of an infrequent nature upon residential property owned or tenanted by that person conducting such sale.
E. A vendor who is participating in a special event permitted, authorized, or sanctioned by the city such as the Tulip Festival or farmers markets. The community and economic development department director shall, once requested, determine whether or not an event is exempted, after they consult with the organization, agency, or department that is in charge of the event.
F. Exempt persons are exempt only from the provisions of this chapter. (Ord. 3688 § 4, 2016).
17.91.050 Locations and requirements.
A. Mobile vending units may be allowed to operate within the below described and mapped areas:
1. Pine Square.
2. South First Street and Gates.
a. This location will be eligible for mobile vendors to locate within only after the city owns or has easement (or other) rights to use this property for this purpose.
3. Riverfront Park.
B. Following is a map identified as the Mobile Food Vendor Approved Locations Map:
C. The vendor must indicate which of the three above described and mapped areas they will operate within. A valid mobile vendor permit does not confer nor guarantee any exclusive right to any specific identified location within the selected area.
D. The city limits the number of vending permit sites in the three areas this use is allowed. The number of permits issued per area is as follows:
1. Pine Square: one permit.
2. South First and Gates: one permit.
3. Riverfront Park: two permits.
E. The vendor will not be allowed to operate under the permit authorized pursuant to this chapter during special events permitted or sanctioned by the city such as the Tulip Festival Street Fair or farmers markets.
F. The vendor must set up and operate the mobile vending unit so as to maintain a minimum five-foot clear pedestrian pathway, 20 feet in both directions from the vending unit along public walkways at all times.
G. The maximum permissible size for any nonmotorized mobile vending unit shall be:
1. Thirty square feet;
2. In no event shall any nonmotorized mobile vending unit exceed 10 feet in length; and
3. The height of the vending cart, excluding canopies or umbrellas, shall not exceed five feet.
H. No person may conduct business in any of the following places:
1. Within 10 feet of the intersection of the sidewalk with any other sidewalk unless specifically approved by the community and economic development department;
2. Within eight feet of an abutting property line;
3. Within 10 feet of the extension of any building entrance or doorway, to the curb closest to the property line;
4. Within 10 feet of any handicapped parking space or access ramp;
5. Vendors shall not sell on the street side of the mobile vending unit.
I. No vendor shall make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to their wares. No mechanical audio or noise making devices and no hawking is allowed. Hawking is the loud, repeated oral solicitation of business by the vendor.
1. In addition, no vendor shall persist or continue in any solicitation or attempted solicitation of any particular member or members of the general public if such person or persons do not wish or desire any further solicitation efforts.
J. The vending site shall be kept clean and orderly at all times, and the vendor must provide refuse container(s). No portion of a vendor’s inventory, sales equipment, or any other structure or equipment used in the sales or solicitation process shall be left overnight upon any unenclosed portion of any lot or site within the city, nor upon any right-of-way, or other area owned, maintained or under the control of the city.
K. Signage shall be limited to one professionally designed and constructed nonilluminated sign not to exceed two square feet in size that shall be placed on the nonmotorized mobile vending unit and will not be allowed on canopies, umbrellas, the street or sidewalk.
L. Sales from mobile vending units shall be limited to food and nonalcoholic beverages. Liquor, as defined in RCW 66.04.010(16), as now existing or hereafter amended, may not be used or sold by any mobile food vendor.
M. No permitted vending cart shall be left unattended for more than one hour so long as: (1) health department regulations are complied with; and (2) the vendor provides a clear indication that they will return within the hour.
N. Mobile vendors shall not locate within that portion of improved street right-of-way designed for vehicular traffic or parking.
O. Mobile vending units shall be self-contained. The mobile vendor shall make arrangements to legally dispose of their garbage and shall not use the city’s garbage containers. The mobile vendor shall not empty anything into the city’s sanitary or storm sewer systems.
P. Mobile vendors shall comply with all applicable federal, state, county and local laws and requirements.
Q. Mobile vendors shall not obstruct the passage along any sidewalk, street, alley or parking lot by causing a congregation of people, nor annoy, injure or endanger the safety, health, comfort, or repose of the public. (Ord. 3688 § 4, 2016).
17.91.060 Application.
A. Applications for mobile vendor permits must be submitted on forms provided by the department of community and economic development and shall include the following information:
1. The name and contact information including phone number, business address and mailing address of the following:
a. Applicant.
b. Registered owner of the mobile vendor unit.
c. All persons who will be working at the vending unit.
2. A brief description of the nature of the business and specific goods to be sold.
3. A to-scale site plan identifying the exact location of where the mobile vendor will be located with details demonstrating that the requirements within this chapter will be complied with. If the mobile vending unit will be utilizing power the location of the power outlet, wattage to be used, and method to ensure cords are not a hazard shall be shown.
4. Place of manufacture or production of goods to be offered for sale, the present location of such goods, and the proposed method of delivery.
5. Proof of Insurance. The proof of insurance submitted shall be maintained in full force and effect while the mobile vendor permit is in effect; and shall include public liability insurance in the amount specified by the community and economic development department in consultation with the city attorney to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to the use of the public property for mobile vending purposes, naming the city of Mount Vernon as an additional insured.
6. Proof that the mobile unit has been inspected and is currently registered by state and local agencies as required by law.
7. Hold Harmless Agreement. The applicant for a mobile vendor permit shall deliver to the city, on a form supplied by the city, a signed and acknowledged agreement by the applicant to defend, indemnify, and hold the city harmless from any and all claims, actions or damages or liabilities of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such mobile vending unit. In addition, the agreement shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that it may be suspended or revoked pursuant to the procedures set forth in MVMC 17.91.080.
8. A signed and notarized affidavit attesting to the following:
a. The validity of the information provided on application forms submitted by the mobile vendor to the city.
b. That the mobile food vendor acknowledges that their permit could be revoked if they violate the development regulations contained within this chapter or other federal, state, county or local rules or regulations.
c. That the mobile food vendor acknowledges that their permit does not allow them to operate during special events permitted or sanctioned by the city such as the Tulip Festival Street Fair or the farmers market.
d. Any other items deemed necessary by the community and economic development department consistent with this chapter of the municipal code.
9. The director of the department of community and economic development may require additional documentation or materials of the applicant as deemed necessary prior to issuing the license.
10. The city’s fire marshal shall inspect the food vendor’s equipment, location, and proposed operations once they have received the required permits from the city and health department, but before commencing their anticipated business activities. (Ord. 3688 § 4, 2016).
17.91.070 Carrying of permit required.
Every mobile vendor shall be required to carry the mobile vendor permit and display it along with photo identification upon request by a prospective customer, city employee, or law enforcement personnel. (Ord. 3688 § 4, 2016).
17.91.080 Violations.
Enforcement of this chapter shall be through Chapter 19.05 MVMC with the exception of the following more restrictive requirements:
A. The city may cause the removal of any mobile vending unit found in violation of this chapter and is authorized to store such unit until the owner thereof shall redeem it by paying the removal and storage charges incurred by the city.
B. The community and economic development department or the Mount Vernon police department, or any authorized representative thereof, may order the vendor to depart from a specific location when it has clear and convincing evidence that the vendor’s presence at that location is causing or contributing to an imminent public safety hazard.
C. The community and economic development department retains the ability to revoke a mobile vendor permit after two warnings are issued/provided to a vendor for violations of this chapter of the code. (Ord. 3688 § 4, 2016).
17.91.090 Yearly permit and fees.
The applicant shall submit a new permit for each calendar year and shall pay a yearly fee to cover the cost to the city of processing the application in the amount of $100.00. An increased permit fee of $150.00 per year shall be required if the mobile vendor is utilizing electricity supplied by city owned, maintained or controlled facilities.
A. On January 1st of each year all permits shall automatically expire and be null and void.
B. A mobile food vendor that received and operated a mobile vending business during the year prior to January 1st of any given year shall be provided the first right of refusal in obtaining a new permit the following year. The first right of refusal shall expire on January 10th of any given year. Should January 10th fall on a Saturday or Sunday the first right of refusal shall expire the Monday following and should January 10th fall on a federally recognized holiday the first right of refusal shall expire the business day following said holiday. (Ord. 3688 § 4, 2016).