Chapter 8.32
MOBILE FOOD VENDORS
Sections:
8.32.010 Findings and purpose.
8.32.030 Mobile food vending prohibited.
8.32.050 Limited license mobile food vendor.
8.32.060 Limited license and business license.
8.32.070 Revocation of limited license.
8.32.010 Findings and purpose.
Zillah city council has determined that mobile food vending presents a variety of regulatory and health concerns in addition to inconsistencies with the city’s established Old World European design standards and theme. The city wants to assure consistency in development and land use while recognizing limited use options for commercial and industrial businesses. City council finds that mobile food vending is generally inconsistent with adopted use and zoning standards and will be permitted in only limited and circumscribed situations. The provisions enacted in this chapter are based upon, but not limited to, the following findings:
A. General Welfare.
1. The aesthetics of mobile food vendors are inconsistent with the goals and desires of the city, and the presence of such vendors is inconsistent with city’s Old World European design theme. Thus the presence of mobile vendors is not in keeping with the current character of the city or city’s plans for future development. Furthermore, mobile food vendors are often established on vacant lots, and prohibition of vendors would encourage permanent development on such lots.
2. In general, regulation and monitoring of mobile vendors to ensure safety and compliance with established regulations and tax requirements is problematic due to the temporary and mobile nature of such businesses.
B. Public Safety.
1. It is recognized that conducting business within the city as a mobile vendor has negative land use, public safety, and traffic impacts.
2. The primary purpose of the public right-of-way is for use by vehicular and pedestrian traffic.
3. Mobile vendors operating on public and private streets and sidewalks and public rights-of-way present a potential hazard to motorists, pedestrians, and vendor operators and their patrons. Potential safety hazards may arise from street geometry, traffic circulation patterns, and from differences between motor vehicle and mobile vendor travel speeds. Mobile vendors operating and conducting business on the shoulders of streets or public rights-of-way are susceptible to a heightened degree of accident vulnerability particularly near intersections and driveways or on streets with higher speeds and traffic volumes. Mobile vendors also contribute to vehicular traffic congestion and impact on-street parking availability.
4. Mobile vendors operating upon or adjacent to public sidewalks impede the clear path of travel for pedestrians. Lack of or diminished space on sidewalks due to vending activities could force pedestrians onto streets and creates particular difficulties for residents with disabilities. Locations of street fixtures further constrain available sidewalk space.
C. Public Health.
1. Enforcing health regulations on mobile food vendors can be problematic due to the mobile nature of the business.
2. Mobile food vendors do not provide bathroom facilities for vendor operators or patrons, which raises concerns over health, proper sanitation, and proper waste disposal, especially when in connection with on-site food preparation.
3. When mobile vendors congregate in the same area, the heightened intensity of use negatively impacts the surrounding area, particularly by increased trash. (Ord. 1467 § 1, 2018)
8.32.020 Definitions.
The following definitions apply to this chapter:
A. “Cart” means a mobile, nonmotorized vending device, which is intended to be pushed, pulled or otherwise similarly transported by an operator or vendor during the normal course of business operation.
B. “City” means the city of Zillah, Washington.
C. “Mobile vendor” or “mobile food vendor” means a seller of food from a van, truck, trailer, car, cart or other vehicle or conveyance of ready-to-eat food.
D. “Mobile vending facility” means a van, truck, car, trailer or other physical establishment within which the primary vending operation or business is conducted.
E. “Mobile vending operation or business” means any business enterprise operated for the purpose of selling, providing, or offering food or beverage for sale at a temporary, nonpermanent location.
F. “Mobile vending” means sales of prepared or pre-packaged food products and beverages at a temporary stationary location from a mobile vending vehicle.
G. “Vendor” means any person who sells food or beverages from a mobile vending facility or nonpermanent business location.
H. “Temporary food service” means a mobile vendor, a vending operation or business, or a vending or catering stand operating at a fixed location for not more than three consecutive days in conjunction with a single event or celebration sponsored by a nonprofit organization or association.
I. “Limited license mobile food vendor” means a licensed mobile vendor authorized by the city to offer short-term food service. (Ord. 1467 § 1, 2018)
8.32.030 Mobile food vending prohibited.
Mobile food vending operations or businesses are prohibited within the corporate limits of the city unless excepted or permitted on a limited basis. Mobile vending facilities, catering stands, and conduct of mobile food vending businesses shall not be permitted as a valid land use within any zoning district in the city, subject to exemptions and limited license provisions of this chapter. The unauthorized vending through mobile vendor is declared to be a nuisance, and is punishable under ZMC 8.32.080. (Ord. 1467 § 1, 2018)
8.32.040 Exemptions.
The provisions of this chapter shall not be construed to apply to the following:
A. Temporary Food Service. Temporary food service as defined herein and operated at a fixed location for not more than three consecutive days in conjunction with a single event or celebration sponsored by a nonprofit organization or association.
B. Home Delivery Service. Home grocery delivery operations in which the customer solicits delivery directly to a customer’s home (e.g., Schwan’s).
C. Isolated Individual Vending. Persons selling frozen prepackaged/individually wrapped food items (e.g., ice cream) as long as such vendors are present at one location for no more than 10 minutes at a given time. (Ord. 1467 § 1, 2018)
8.32.050 Limited license mobile food vendor.
City administrator may authorize the licensing of a limited license mobile food vendor on a temporary and short-term basis to sell and/or distribute food and beverages to employees and or customers at commercial business locations.
A. Limited License Mobile Food Vendors. City establishes two categories of limited use permits:
1. Limited License Mobile Food Vendors – Large Employer. Limited license mobile food vendors (300+ employee sites) licensed to sell foods to employees and/or customers of a business employing more than 300 people during normal break periods. Application shall be made seven to 14 days prior to the event, shall be made at a specific business or property location; may not be open to serve members of the general public; and shall be authorized for a period not in excess of 30 days unless renewed by city administrator. Limited license mobile food vendors shall operate only with appropriate state and local business licenses and during authorized hours. No mobile vending vehicle may be left on site overnight.1
2. Limited Mobile Food Vendors – Small Employer. Limited license mobile food vendors (up to 299 employees) licensed to sell foods to employees and/or customers of a business. Application shall be made seven to 14 days prior to the event, shall be made at a specific business or property location; may not be open to serve members of the general public; and shall be authorized for a period not in excess of three days unless renewed by city administrator. Limited license mobile food vendors shall operate only with appropriate state and local business licenses and during authorized hours. No mobile vending vehicle may be left on site overnight.2
B. License Criteria. An application for the limited license may be submitted by the property owner or their legal agent provided such application complies with the following terms and conditions:
1. Large Employers.
a. The limited license is intended to allow short-term and temporary food service for the benefit of employees or individuals working at an established commercial and/or industrial business. A qualifying business shall have a minimum of 300 employees and work schedules that limit the opportunity for employees to leave the premises during work hours and established break periods.
b. The limited license may be authorized for a period not to exceed 30 days; provided, however, that the license may be renewed for subsequent periods upon employer request and authorization by the city administrator. It is the intent to provide a flexible and reasonable authorization for the provision of food service to the employees.
2. Small Employers.
a. The limited license is intended to allow short-term and temporary food service for the benefit of employees or individuals working at an established commercial and/or industrial business for a qualifying business having up to 299 employees.
b. The limited license may be authorized for a period not to exceed three days.
3. All Limited License Mobile Food Vendors.
a. A limited license mobile food vendor is authorized to sell or distribute food and beverage only to employees or individuals working within or in conjunction with the established commercial and/or industrial business or customers for set aside times such as customer appreciation events. In no event is the limited license mobile food vendor authorized to sell food and beverage to the general public.
b. The mobile vending operations in business shall be located on private property owned or controlled by the designated commercial and/or industrial business and shall not be available to access to the general public.
c. All limited license mobile food vendors shall obtain and maintain a business license from the city in addition to providing limited food and beverage vending operations and business.
d. The owner of the real property on which a limited license mobile food vendor is located shall be responsible for overall site maintenance. The property owner shall be responsible for the mobile food vendor’s compliance with the provisions of this chapter with respect to the mobile food vendor’s operation on the owner’s property.
e. The limited license authorizing mobile vending operation and business is limited to hours set forth on the applicable license and no mobile vending vehicle or trailer is authorized to remain on the property overnight or for periods outside of the authorized hours. There shall be no signs, lights or other displays placed on the property that would attract the public to the temporary facilities.
f. Limited license mobile food vendors shall not sell or serve alcoholic beverages.
g. All limited license mobile food vendors shall comply with all laws, rules and regulations regarding food handling, preparation and distribution as well as any other law, rule or regulation respecting the use of such vehicles and operation and business of the temporary operation or business.
C. Grounds for Denial of Application. The city may deny an application for a limited license mobile food vendor license if:
1. The applicant provides false or misleading information; or
2. The applicant fails to complete the application or to supply other required information or documentation in accordance with subsection (B) of this section and ZMC 8.32.065; or
3. The applicant declares or shows a reluctance (an opposition) or inability to comply with the reasonable terms or conditions contained in the proposed permit; or
4. The proposed use would unreasonably disrupt the orderly or safe circulation of traffic within the site or otherwise present an unreasonable risk of injury or damage to the public, employees or other individuals; or
5. The proposed use presents significant or material adverse impacts on adjoining properties or land uses which cannot be adequately mitigated or conditioned through the permit.
D. Appeal Procedure. An applicant shall have the right to appeal the denial of a permit or permit conditions. A written notice of appeal shall be filed with the city administrator within three business days after receipt of personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided by the city administrator and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of timely and proper notice of appeal. The decision of the city council is final.
If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the proposed use is scheduled to begin, the applicant may, at their option, request that the city administrator schedule the appeal before the mayor. The mayor shall hold a hearing no later than five business days after the filing of the appeal and will render a decision no later than one business day after hearing the appeal. If the appeal is requested and heard before the mayor, the mayor’s decision is final. There is no further appeal to the city council. (Ord. 1467 § 1, 2018)
8.32.060 Limited license and business license.
A. Permit Required. It is unlawful for any mobile food vendor to engage in such business within the corporate limits of the city without having first obtained a limited license in compliance with this chapter.
B. Application. An application for the limited license may be submitted by the property owner or their legal agent which allows them to engage in mobile vending operation or business at a specific location and for the sole purpose of providing food service to employees and individuals working at the qualifying commercial and/or industrial business and/or to customers for events such as customer appreciation day. A license application shall be filed with the city administrator upon form and containing such information as required to confirm the scope, extent and conditions of proposed limited use for the mobile vending operation and business. City may further prescribe appropriate licensing fees with respect to the proposed vending operation and business.
C. Business License. Any mobile food vendor authorized to provide temporary or short-term vending business and operations shall be required to acquire a business license from the city of Zillah. (Ord. 1467 § 1, 2018)
8.32.065 License application.
A. Limited License Application. A qualifying commercial and/or industrial business shall submit an application for limited license authorization for mobile food vendor service for the benefit of its employees and on-site workers. The application shall include, at a minimum, the following:
1. Name of commercial and/or industrial business.
2. Location of proposed mobile food vendor operations and identification of property, parcel or lot on which such operations will be offered or conducted.
3. Identification of any and all mobile food vendors proposed to provide service together with all contact information including name of owner or operator, business address, vehicle identification, required licenses and other information deemed reasonable or appropriate by city administrator. Copies of applicable state tax numbers, authorizations and other food handling permits.
4. A reasonable site plan showing the location of the proposed vending operation within the commercial and/or industrial business property.
5. The proposed schedule and hours of operation and manner of food service delivery.
B. Renewal of License. City administrator is authorized to issue a limited license for a period not to exceed 30 days for large employers and three days for small employers. The commercial and/or industrial business may request a renewal of the license to the city administrator upon written request, seven days prior to expiration of current permit. Any renewal request shall identify proposed changes in location, hours or manner of operation but may otherwise be based upon the initial application filed for the limited use permit. In no event, however, is the limited license intended to authorize a permanent business location for mobile food vendors. (Ord. 1467 § 1, 2018)
8.32.070 Revocation of limited license.
In the event that limited license mobile food vendor fails to comply with conditions and requirements of this chapter, deviates from the scope and authorization of the limited use permit or otherwise creates or maintains a nuisance, city administrator is authorized to terminate the limited use permit authorization and such services shall be immediately terminated. City shall have further authority to issue a civil penalty in accordance with ZMC 8.32.080 for any violation of the terms, conditions or requirements applicable to the limited use permit. (Ord. 1467 § 1, 2018)
8.32.075 Indemnification.
The permit applicant and property owner shall defend, indemnify and hold city harmless from and against any claims, liabilities, lawsuits or other actions asserted or filed against the city, its officers, employees, and agents that arise from or relate to the issuance of the permit and conduct of mobile food vendor operations and businesses except those which occur due to the city’s sole gross negligence. (Ord. 1467 § 1, 2018)
8.32.080 Violation – Penalty.
Any violation of this chapter shall constitute an infraction subjecting the violator to a civil penalty of up to $500.00 for each violation. (Ord. 1467 § 1, 2018)
Up to three “limited license mobile food vendors” may be on the same site at any one time.
Up to three “limited license mobile food vendors” may be on the same site at any one time.