Chapter 5.14
MOBILE VENDORS
Sections:
5.14.035 Geographical restrictions – Public street parking and sidewalk locations.
5.14.040 Geographical restrictions – Public parks.
5.14.045 Geographical restrictions – Private property.
5.14.050 License application – Contents.
5.14.070 Exemption from business and occupation tax.
5.14.090 Violations – Revocation of license.
5.14.010 Definitions.
As used in this chapter:
(1) “Concessionaire” means a person, firm or corporation operating or maintaining a concession stand for the sale of food, in the public parks in the city, in accordance with an agreement or permit therefor.
(2) “Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not by way of limitation, candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
(3) “Mobile vendor” means a vendor or seller of food from a vehicle or other conveyance upon the public streets, alleys or public ways of the city, or upon privately owned premises as permitted per LMC 19.41.020, Temporary use permit – Mobile food vendor.
(4) “Special events” shall be as defined in LMC 7.40.010. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2253 § 1, 1986; Ord. 2093 §§ 1, 2, 1982; Ord. 2007 § 1, 1980).
5.14.020 License required.
No person, firm or corporation shall engage in the business of a mobile vendor without having first obtained a license therefor from the city clerk. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2007 § 1, 1980).
5.14.030 Display of license.
All licenses for mobile vendors shall be prominently displayed upon all vehicles from which a mobile vendor conducts business. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2007 § 1, 1980).
5.14.035 Geographical restrictions – Public street parking and sidewalk locations.
No mobile vendor shall park on a public street or locate on a public sidewalk for a period of time greater than one hour without the abutting business (or property owner, if no business is present) first obtaining a sidewalk business license for the mobile vending activity pursuant to LMC 12.30.120. The sidewalk business license application shall include written permission from any existing eating establishment(s) located within 50 feet (measured from the point of the parcel nearest to the eating establishment in a straight line along the sidewalk to the area of operation). Such written permission shall be provided to the city along with the parking space or sidewalk location where the applicant proposes to engage in business as a mobile vendor. A special parking space permit pursuant to Chapter 11.65 LMC is required to use parking spaces in excess of the time limits applicable to the parking space occupied by such vehicle. (Ord. 3442 § 1, 2021).
5.14.040 Geographical restrictions – Public parks.
No mobile vendor license shall include the privilege to conduct the business of a mobile vendor within any public park of the city nor within 200 feet of any public park where there is a concessionaire. Provided, however, that with regard to Lake Sacajawea Park, no mobile vendor shall exercise the privilege within 500 feet of the location of a park concessionaire providing similar services, as determined by the parks and recreation director, nor within 200 feet north and south of the intersection of Hemlock Street and Nichols Boulevard. No such mobile vendor license shall include the privilege to conduct the business of a mobile vendor within 500 feet of any permitted vendor or organization during the course of a special event when such vendor or organization is permitted to engage in the sale of merchandise and food in such public park. (Ord. 3442 § 1, 2021; Ord. 3298 § 1, 2015; Ord. 3111 § 1, 2009; Ord. 2007 § 1, 1980).
5.14.045 Geographical restrictions – Private property.
No mobile vendor license shall include the privilege to conduct the business of a mobile vendor upon private property within the city except for the following:
(1) At a site approved per Chapter 19.41 LMC, with a mobile food vendor temporary use permit.
(2) At a commercial supermarket or shopping center with a parking lot containing in excess of 100 parking stalls, up to six 48-hour periods per year without a mobile food vendor temporary use permit, as disclosed in the application for mobile vendor license under the provisions of LMC 5.14.050. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2253 § 2, 1986).
5.14.050 License application – Contents.
(1) Any person, firm or corporation desiring to secure a license as a mobile vendor shall make application to the city clerk, upon forms to be provided by the city clerk.
(2) The application for mobile vendor license shall state the name and address of the applicant, the vehicle license numbers of all vehicles from which the applicant proposes to conduct business, a description of the general type of food proposed to be sold by the applicant, and the place or places where the applicant proposes to engage in business as a mobile vendor.
(3) Such application shall be accompanied with the license fee as provided for in this chapter. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2093 § 3, 1982; Ord. 2007 § 1, 1980).
5.14.060 License fee.
The license fee for a mobile vendor license shall be $25.00 for each calendar month, or portion thereof, per vehicle, for which license is sought. Mobile vendor licenses may be issued for one or more vehicles by the city clerk. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2007 § 1, 1980).
5.14.070 Exemption from business and occupation tax.
Upon payment of the license fee as required by this chapter, a mobile vendor shall be exempt from the business and occupation tax of the city as provided in Chapter 5.05 LMC. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2007 § 1, 1980).
5.14.080 Health regulations.
All mobile vendors engaged in the sale of food shall comply with all applicable laws, rules and regulations regarding food handling, and all vehicles used for the sale of food by mobile vendors shall comply with all the laws, rules and regulations respecting such vehicles. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2093 § 4, 1982; Ord. 2007 § 1, 1980).
5.14.090 Violations – Revocation of license.
The license of a mobile vendor who violates this chapter, or engages in sales in areas prohibited by this chapter shall, after notice in writing and an opportunity to be heard by the city council at its next regular meeting, be revoked, and such mobile vendor shall not be entitled to a subsequent license to engage in business as a mobile vendor for one year after such revocation. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009; Ord. 2007 § 1, 1980).
5.14.100 Penalties.
(1) Criminal Penalties. Any violations of this chapter that may meet the criteria of a criminal act, such as theft, malicious mischief or other applicable crime, shall be referred to the Longview police department for investigation and charges. The penalties for such criminal act shall be that as set forth in the applicable laws of the Longview Municipal Code or state of Washington.
(2) Civil Penalties. Any violations not otherwise determined to be a “criminal act” shall be processed in accordance with Chapter 1.33 LMC. To supplement that chapter, civil penalties for violation of this chapter shall be as follows:
(a) Basic initial penalty of $200.00 per violation, plus restitution, if any, except as otherwise stated; and
(b) Revocation of license as provided in LMC 5.14.090; and
(c) Additional initial penalties and/or offset of such penalties as provided in LMC 1.33.430. (Ord. 3442 § 1, 2021; Ord. 3111 § 1, 2009).