Chapter 19.290
MOBILE FOOD AND RETAIL VENDORS
Sections:
19.290.020 Applicability – Relationship with other chapters.
19.290.030 Specific activities exempt from regulation.
19.290.040 Variance from mobile food or retail vendor code.
19.290.050 Permitted locations.
19.290.060 Review classifications and processes.
19.290.070 Regulations applicable to mobile food or retail vendors.
19.290.080 Mobile food or retail vendor permit.
19.290.010 Purpose.
The purpose of this chapter is to allow the sale of goods, food, and/or beverages from mobile food or retail vendors in a manner that is safe and compatible with surrounding uses, consistent with all relevant city codes and policies, maintains or enhances the pedestrian experience, and provides consistency, predictability, and site flexibility for mobile food or retail vendors.
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.020 Applicability – Relationship with other chapters.
(1) This chapter establishes regulations that govern mobile vending in the city including the sale of goods, products, food, and/or beverages from mobile food or retail vendors on public or private properties. Unless exempt under FWRC 19.290.030, this chapter is applicable to all mobile food or retail vendors in the city.
(2) Mobile food or retail vendors regulated under this chapter shall not be subject to regulation under Chapter 19.275 FWRC, Temporary Uses. Any activities exempt from regulation under FWRC 19.290.030 may be subject to regulation under Chapter 19.275 FWRC, Temporary Uses.
(3) Additional regulations may apply to mobile food or retail vendors operating on public property through a special event (Chapter 4.05 FWRC) and/or right-of-way use or activity permit (Chapters 4.25 and 4.30 FWRC).
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.030 Specific activities exempt from regulation.
The following activities, while potentially constituting mobile food or retail vendors, are exempt from regulation under this chapter. Such activities may be subject to regulations found elsewhere in this Code, such as Chapter 19.275 FWRC, Temporary Uses.
(1) Ice cream vendors that primarily stay mobile within public rights-of-way.
(2) Mobile newspaper couriers.
(3) Mobile lemonade stands.
(4) Mobile stands used to sell or distribute flowers, fruit, vegetables, produce or plants grown on the property where the mobile stand is located.
(5) Delivery services where the foods, goods, or products are delivered via mobile vehicle to the customer’s location, including, but not limited to, application-based online and on-demand food delivery services.
(6) Similar uses to mobile food or retail vendors that seek to operate on unimproved property.
(7) Similar uses to mobile food or retail vendors that seek to improve or develop unimproved property as part of the siting of that use.
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.040 Variance from mobile food or retail vendor code.
The director shall have the authority to administratively allow for departures from the numeric provisions contained in these regulations; provided, that:
(1) The variance request meets all criteria in FWRC 19.45.030;
(2) Any variation is no more than 25 percent; and
(3) The end result is consistent with the purpose of this chapter.
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.050 Permitted locations.
(1) Class I mobile food or retail vendors are allowed to operate in any zone.
(2) Class II mobile food or retail vendors are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family.
(3) Class III mobile food or retail vendors which are accessory to an established use on the property are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family.
(4) Class III mobile food or retail vendors which are the principal use on the property are allowed in all nonresidential zones in the city.
(5) Mobile food or retail vendors are allowed to operate on any public rights-of-way in the city or city-owned property so long as the mobile food or retail vendor obtains any applicable permit required by the public works and/or police department. Additional limitations or allowances may be included as part of such permit.
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.060 Review classifications and processes.
(1) Business registration required. All mobile food or retail vendors regulated under this chapter shall obtain a business registration with the city and complete a supplemental checklist at the time of registration attesting to understanding of, and future compliance with, the mobile food or retail vending regulations in FWRC 19.290.070 prior to being issued a city business license endorsement.
(2) Additional review and permitting requirements applicable to Class III mobile food or retail vendors. In addition to the business registration requirement under this section, Class III mobile food or retail vendors which are accessory to an established use on the property shall obtain a mobile food or retail vendor permit, pursuant to FWRC 19.290.080. In addition to the business registration requirement under this section, Class III mobile food or retail vendors which are the principal use on the property shall obtain approval under the use process indicated in the use chart for the applicable zone.
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.070 Regulations applicable to mobile food or retail vendors.
Mobile food or retail vendors must operate in accordance with the following:
(1) Comply with all provisions of the supplemental checklist.
(2) Comply with the provisions of FWRC 19.290.050.
(3) Operate only between the hours of 7:00 a.m. and 10:00 p.m., Monday through Sunday; exceptions may be granted under special event permits or right-of-way use permits.
(4) Restore the site area occupied by the mobile food or retail vendor to the original or better condition upon removal of the vending unit.
(5) Provide at least one garbage and recycling container for customers.
(6) Operate only on an asphalt or paved surface unless otherwise approved through a special event permit.
(7) For mobile food or retail vendors that sell food, obtain approval from South King Fire and Rescue; this approval may include but is not limited to completing an inspection and certification process.
(8) Ensure sufficient queuing distance for customer vehicles.
(9) The mobile food or retail vendor shall not:
(a) Operate on an unimproved property;
(b) Operate within five feet from any property line, unless located on a public right-of-way;
(c) Obstruct any drive aisles or ingress/egress within the site;
(d) Obstruct a sidewalk, bicycle lane, or other pedestrian way;
(e) Obstruct the sight distance triangles for vehicles turning in and out of a site;
(f) Impede ADA access;
(g) Impede fire hydrant or fire lane access;
(h) Operate on any private or public property without permission of the property owner(s);
(i) Serve as a drive-through facility for vehicles;
(j) Operate in a designated loading zone;
(k) Remove the mobile food or retail vending unit from its wheels; or
(l) Use or remove code-required parking spaces for principal site uses.
(Ord. No. 23-952, § 13, 3-7-23.)
19.290.080 Mobile food or retail vendor permit.
Class III mobile food or retail vendors accessory to an established use on the property must obtain a permit in accordance with this section.
(1) Decision maker. The director shall be the decision maker for mobile food or retail vendor permits. The director has the authority to add conditions to any permit approval.
(2) Decision criteria. The director may approve the mobile food or retail vendor permit only if all the following are met:
(a) The mobile vending activity shall not be detrimental to the public health, safety, and general welfare;
(b) The mobile vendor shall not adversely affect adjacent properties;
(c) The mobile vendor can be adequately served by public facilities and street capacities without placing an undue burden on such facilities and streets;
(d) The application is compliant with all relevant city codes and policies and the supplemental checklist; and
(e) The proposed property(s) or site(s) for the mobile food or retail vendor’s operations are of sufficient size to accommodate the mobile vendor.
(3) Application. Mobile food or retail vendor permit applications shall be completed on a form provided by the community development department. Application material shall include, at a minimum, the following:
(a) Contact information for the mobile food or retail vendor;
(b) A description of the nature and type of goods to be sold;
(c) Proof of the mobile food or retail vending vehicle’s registration with the state of Washington, if applicable;
(d) Specifications of the mobile food or retail vending unit including, at a minimum, the unit’s dimensions, height and weight;
(e) Site plan showing the proposed location of the mobile food or retail vendor’s operations on a site; and
(f) For mobile food or retail vendors that sell food or beverages, commonly called “food trucks,” proof of King County Department of Public Health approval.
(4) Permit review process. Upon receipt of a complete mobile food or retail vendor application, the application will be routed to any applicable departments and agencies for review.
(5) Permit duration. Permit approvals are permanent until and unless the city receives notification that there has been a renewal or change requested to the vendor’s business registration and city endorsement.
(Ord. No. 23-952, § 13, 3-7-23.)