Chapter 5.35
MOBILE VENDORS
Sections:
5.35.030 Permit application and fee.
5.35.040 Mobile vendor regulations.
5.35.060 Permit and fee exemptions.
5.35.070 Application for mobile vendor permits.
5.35.080 Additional requirements for mobile businesses.
5.35.090 Revocation of permits.
5.35.010 Definitions.
For purposes of this chapter, the following mean:
“Mobile business” or “mobile vendor” means a vendor that sells or attempts to sell any commodity or thing of value from a vehicle, push cart, wheeled cart, or other mobile equipment or implement on a transient basis at one or more locations within the city.
“Mobile food pod” means a site containing three or more food carts and associated amenities on private property.
“Type ‘A’ mobile vendor” means a mobile vendor that sells goods from a vehicle in the public right-of-way and periodically stops outside of the flow of traffic on an as-needed basis to respond to immediate demand for goods. An example of this type of mobile vendor would be an ice cream truck.
“Type ‘B’ mobile vendor” means a mobile vendor that sells goods or services from a custom-constructed vehicle, cart or other moveable equipment on property outside the public right-of-way. This type of vendor may be located on a single property throughout the day or may move from one approved property to another for fixed periods during the day. An example of this type of vendor would be a food truck or hot dog cart.
“Vending” means selling or attempting to sell any commodity or thing of value:
(1) By the use of amplified or unamplified advertisement of the commodity; or
(2) From a vehicle, shed, structure, or shelter, whether enclosed or unenclosed.
“Vendor” means any person, firm or corporation except a nonprofit corporation, charitable or religious organization, or an employee, agent or representative of a governmental agency, who is vending. [Code 2000 § 9.505; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020.]
5.35.020 Permit required.
It shall be unlawful for any vendor to sell or attempt to sell any commodity or thing of value by means of vending such commodity or thing upon any property within the city without first obtaining a business license from the office of the city recorder in accordance with the requirements of CMC 5.35.030. [Code 2000 § 9.510; Ord. 2016-015 § 1 (Exh. A), 2016.]
5.35.030 Permit application and fee.
Any person, firm or corporation desiring to sell or attempting to sell any commodity or thing of value by means of vending such commodity or thing from a mobile vehicle, implement, or equipment upon any property within the city shall make application for a permit to do so at the office of the city recorder on a form provided by the city recorder. Each application shall be accompanied by a fee in an amount set by resolution of the city council, prorated to correspond with the proportion of the year remaining, which shall be the total permit fee until December 31st next following the date of issuance of the permit. Permits may be renewed on an annual basis by the community development director upon application and payment of an annual permit renewal fee in an amount set by resolution of the city council. [Code 2000 § 9.515; Ord. 2016-015 § 1 (Exh. A), 2016.]
5.35.040 Mobile vendor regulations.
(A) Except as otherwise provided herein, or as specifically exempted under any other ordinance, or specifically exempted by state law, a person operating a mobile business in the city must obtain a business license and pay the related fees under Chapter 5.05 CMC.
(B) Except as otherwise provided herein and in addition to obtaining a business license, a person operating mobile business must obtain a mobile vendor permit and pay the related, nonrefundable fees.
(C) Applications for a mobile vendor permit must be on a form provided by the city and include all of the information required under CMC 5.35.070.
(D) Incomplete applications or applications submitted without the required fee will be denied outright.
(E) Applications are subject to approval by the community development director. Approval or denial of a mobile vendor permit will be provided to applicant within 10 business days from receipt of a complete application.
(F) Type “B” mobile vendors may be permitted in the following zones:
(1) Highway commercial (C-2).
(2) Central mixed use (CMU).
(3) Light industrial (LI).
(4) General industrial (M-1).
(5) Corridor commercial (CC).
(6) Gateway mixed use (GMU).
Type “A” mobile vendors may be permitted in all zones within the city of Cornelius.
(G) The operator of a Type “B” mobile business must provide written permission from the owner, leasing agent, or person in charge of any and all property(ies) at which the business will operate.
(H) Any vehicle used in the operation of a mobile business must comply with all applicable federal, state, and local regulations.
(I) At no time may a mobile business or its equipment block the flow of traffic in a public right-of-way, a vision clearance area, fire lane, emergency access lane, or handicapped parking or access area.
(J) A Type “B” mobile business may not operate within 300 feet and on the same block face of a retail outlet offering the same or similar commodity, without written permission from the owner of said establishment.
(K) If a mobile business uses electricity for operation, the electrical connection must be of a type which can be quickly disconnected and must comply with all applicable laws, including National Electrical Code Chapter 550.
(L) A mobile business must at all times contain solid waste from its operations in an approved on-site solid waste container. Failure to properly contain solid waste and/or clean up waste generated from its operations shall constitute a violation of the provisions of this chapter.
(M) A mobile business operation may not occupy or block the minimum parking spaces required under the Cornelius Municipal Code for existing businesses or residences on the subject property or adjacent properties.
(N) Wastewater shall be collected, stored, and disposed of in an approved manner.
(O) No direct water, sanitary sewer, or storm drainage connections are allowed between a mobile business and any utility systems, except in the case of mobile food pods, as defined in CMC 5.35.010.
(P) Mobile food pods shall be connected to the city sanitary sewer system, including an approved grease separator.
(Q) Mobile food pods shall be connected to a permanent city water source.
(R) Mobile food pods shall provide one off-street parking space per mobile food vendor located within the pod; this requirement shall not apply within the central mixed use and corridor commercial zoning districts.
(S) Mobile food pods shall provide permanent restrooms and hand washing facilities for customers and employees.
(T) All vehicles, equipment, parking, and customer seating areas associated with a mobile business must be located on an improved surface, such as asphalt, concrete, or gravel.
(U) Mobile businesses may only conduct business during the following hours:
(1) Eight a.m. to midnight in commercial or industrial zones except within 50 feet of a residential zone; and
(2) Eight a.m. to 9:00 p.m. in commercial or industrial zones within 50 feet of a residential zone, or within a residential zone (Type “A” mobile vendors only). [Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2019-10 § 1 (Exh. A), 2019.]
5.35.050 Permit display.
(A) The operator of a mobile business must continuously post during the hours of operation, in a conspicuous place at the business, their business license and any mobile vendor permits issued.
(B) A mobile business operator must retain and be able to immediately provide upon request any other required approvals or permits from the city fire department and county department of health and human services. [Ord. 2016-015 § 1 (Exh. A), 2016.]
5.35.060 Permit and fee exemptions.
The following businesses are exempt from payment of a mobile vendor permit fee:
(A) Religious, educational, and charitable organizations specifically exempt from taxation under Oregon or federal law; and
(B) Producers of fruits, vegetables, nuts, and other raw food products raised in Oregon that are sold in the city by themselves or their immediate families. [Ord. 2016-015 § 1 (Exh. A), 2016.]
5.35.070 Application for mobile vendor permits.
(A) An application for a mobile vendor permit shall be submitted on a form provided by the city recorder and must include the following information:
(1) A written description of goods to be sold, hours of operation, number of employees, and any appurtenances to the business that will be located on the site(s);
(2) Tax assessor’s map and tax lot numbers for the site(s) proposed;
(3) Names and locations of adjacent streets;
(4) Addresses and location of any permanent buildings on the site(s);
(5) Locations of all driveways on the site(s) and adjacent properties;
(6) Location of all drive aisles and fire lanes on the site(s);
(7) Diagram of on-site parking lot and parking space configuration (i.e., right-angle vs. angled, single-loaded vs. double-loaded);
(8) Proposed location of the business vehicle on the site(s);
(9) Dimensions from proposed mobile business operations to all permanent buildings, drive aisles, and driveways;
(10) Location of any temporary electrical hookups;
(11) Location of any furniture, solid waste containers, and similar fixtures to be placed in the immediate vicinity of the mobile business; and
(12) Documentation demonstrating compliance with minimum parking requirements.
(B) In addition, the following materials must be submitted with the mobile vendor permit application:
(1) Written permission from the owner, leasing agent, or person in charge of the property at which the business will operate.
(2) A copy of the applicant’s current business license.
(3) A copy of the applicant’s current food handler certificate (if applicable).
(4) A copy of the applicant’s current certificate of insurance.
(C) Mobile food pods shall be permitted through a Type III design review procedure. [Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018.]
5.35.080 Additional requirements for mobile businesses.
(A) All temporary buildings, equipment, furniture, wastebaskets, and other stand-alone items must be placed in the immediate vicinity of the mobile business.
(B) A mobile vendor may advertise their business with signage affixed to the mobile vending vehicle or equipment. The mobile vendor may also place one temporary sandwich board type sign not to exceed six square feet on any one face. The sandwich board sign may be located:
(1) On the same site as the mobile vending unit;
(2) On another privately owned site within the city with written approval of the owner, leasing agent, or person in charge of the property at which the sign will be located; or
(3) On a public sidewalk, where the placement of the sign leaves no less than five feet of unimpeded pedestrian walkway.
(C) Signage not affixed to a mobile vending unit must be removed from its placement location upon cessation of business operations on a daily basis.
(D) Fuel Cylinders.
(1) All equipment used in the fuel system shall be approved for LPG use.
(2) Shall be limited to enough propane to last for one day’s usage.
(3) Food vending trailers shall be limited to a two-week supply – two 25-gallon cylinders maximum.
(4) Shall be protected from physical damage.
(5) Cylinders larger than five gallons shall be secured to prevent falling or being knocked over.
(6) If in a pushcart or mobile stand, the tank shall be outside of the cart in a vented compartment.
(7) Propane valves shall be easily accessible.
(8) Shall be used as designed (e.g., cylinders designed for vertical use shall not be laid down when being used).
(9) Located far enough from flame or spark-producing devices to not heat the cylinders.
(10) Hoses shall be protected from physical damage. Hose connections shall be of an approved LPG type.
(11) No Teflon tape on any connections. Connections are designed to have metal-to-metal contact.
(12) Regulator to be on each cylinder. Can manifold two cylinders together into one regulator. Hose from regulator not to be more than two feet.
(13) No splices in supply lines.
(14) No more than enough supply hose to run from appliance to cylinders.
(15) Only approved propane clamps are to be used on supply lines (no aviation clamps, etc.).
(16) Propane cylinders shall not be stored or used in buildings or enclosed structures.
(17) All cylinders shall have collars around the valves and shall be in good condition with current hydrostatic test date stamp on cylinder.
(18) Propane cylinders are not to be tied/placed together with carbon dioxide (CO2) cylinders.
(19) Food booths located in their own separate tent structures may have propane bottles inside their tent structure; provided, that the side and back walls of the tent structure are raised six feet off of the floor or ground, whichever is higher.
(20) All cylinders shall be equipped with an overfilling prevention device (OPD). Old tanks without this device will not be allowed.
(E) Appliances and Devices.
(1) Each appliance is required to have one 2A-10BC or higher-rated fire extinguisher. If cooking utilizes a deep fat fryer, the vendor is required to have one K-Class fire extinguisher. All fire extinguishers are to bear a current servicing tag that is current within one year from certified fire extinguisher company.
(2) Appliances and devices shall be approved for LPG use.
(3) There shall be at least a one-foot clearance between appliances and combustibles.
(4) Any LPG burning appliances or device, whose flame is not visible while operating, shall be equipped with approved automatic devices to shut off the flow of gas to burners and pilots in the event of flame extinguishments or combustion failure.
(5) Fuel supply to appliances shall be turned off at the cylinder when the appliance is not in use or during the changing of cylinders. [Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2020-05 § 1 (Exh. A), 2020.]
5.35.090 Revocation of permits.
(A) Grounds. A mobile vendor permit may be revoked if the operator:
(1) Is charged with and fails to contest, or is conclusively determined to be in violation of, two or more provisions of this chapter in a 12-month period; or
(2) Operates the business in a way that creates a nuisance.
(B) Notification.
(1) If the city determines that grounds for revocation of a mobile vendor permit exist, a notice of revocation will be issued in writing and delivered to the permittee in a manner reasonably calculated to give notice, including delivery by United States first-class mail, postage prepaid.
(2) The revocation is effective 14 calendar days after issuance of the notice unless the permittee files a written appeal with the city or upon failure to appear at the hearing should an appeal be filed.
(C) Appeal.
(1) An appeal is initiated by the filing of a written appeal with the community development director no later than 21 calendar days after issuance of the notice of revocation.
(2) Upon filing of an appeal, the community development director will include the appeal notice in the next available planning commission agenda.
(3) The appealing party or any other person the planning commission deems has relevant evidence concerning the existence of grounds for revocation will be allowed to present testimony and documentary evidence at the hearing.
(4) After consideration of the arguments and evidence, the planning commission will determine whether the city has established by a preponderance of the evidence that grounds for revocation exist and issue a written decision containing findings of fact that address the allegations contained in the notice of revocation such that if:
(a) Grounds for revocation have been established, the planning commission will revoke the mobile vendor permit; or
(b) Grounds for revocation have not been established, the proceedings will end.
(D) Review. Review of a planning commission decision will be by the city council.
(1) A review of a planning commission decision is initiated by the filing of a written request for review with the community development director no later than 14 calendar days after issuance of the planning commission’s decision.
(2) The city council will affirm the decision of the planning commission unless it finds that there was no substantial evidence to support the findings of fact made by the planning commission or that the planning commission made an error of law.
(3) The city council will issue a written decision on the appeal.
(4) If the city council affirms the decision of the planning commission, the permit revocation is immediately effective.
(5) The decision of the city council is conclusive and final.
(E) Revocation of a mobile vendor permit is in addition to any other remedy that the city might have under the law.
(F) Revocation of a mobile permit bars the permittee from obtaining a mobile vendor permit from the city for one year after the effective date of revocation. [Ord. 2016-015 § 1 (Exh. A), 2016.]