Chapter 5.16


5.16.010    Definitions.

5.16.020    Mobile vendor—License required.

5.16.030    Mobile vendor—Display of license.

5.16.040    Geographical restrictions.

5.16.050    License application—Contents.

5.16.060    License fee.

5.16.070    Revocation of license.

5.16.080    Health regulations.

5.16.090    Infraction—Penalty.

5.16.010 Definitions.

As used in this chapter:

“Concessionaire” means a person operating a concession stand for the sale of food, in the public parks in the city, or other public property, in accordance with an agreement therefor.

“Food” shall have its usual and ordinary meaning, and shall include all items designated for human consumption, including but not by way of limitation, candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.

“Mobile vendor” means a vendor or seller of food from a conveyance upon the public streets, alleys or public ways of the city.

“Public celebration” means any activities celebrated on, in and around the Ilwaco City Park and other areas of the city at times of public celebration designated by the mayor. (Ord. 489 § 1, 1984)

5.16.020 Mobile vendor—License required.

No person shall engage in the business of a mobile vendor without having first obtained a license therefor from the city clerk-treasurer. (Ord. 489 § 2, 1984)

5.16.030 Mobile vendor—Display of license.

All licenses for mobile vendors shall be prominently displayed upon all conveyances from which a mobile vendor conducts business. (Ord. 489 § 3, 1984)

5.16.040 Geographical restrictions.

No mobile vendor license shall include the privilege to conduct the business of a mobile vendor unless the conveyance is parked and operated in full compliance with the traffic and sidewalk ordinances of the city as now in effect or as hereafter amended. It shall be a violation of this chapter for any person selling or offering for sale any item to obstruct or cause to be obstructed the passage of any sidewalk, street or avenue, alley or any other public place, by causing people to congregate at or near the place where any food is being sold or offered for sale. No customers shall be served on the street side of the vendor’s conveyance. All service must be on the curb side when the mobile unit is on or abutting a public street. No mobile vendor shall sell or vend any food from his conveyance:

A.    Within four hundred (400) feet of any public or private school grounds during the hours of regular school session, classes or school related events in such public or private school, except when authorized by such school;

B.    Within one hundred (100) feet of any restaurant, cafe or eating establishment which is open for business;

C.    Within three hundred (300) feet of any city authorized concession stand in any public park of the city during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of food in such public park;

D.    Within three hundred (300) feet of any city authorized concession stand in any public park of the city during times other than during the course of a public celebration except as approved by the city council; or

E.    Within those areas of the city designated R-1 (single-family residential) and R-2 (multi-family residential) except as approved by the city council. (Ord. 489 § 4, 1984)

5.16.050 License application—Contents.

A.    Any person desiring to secure a license as a mobile vendor shall make application to the city clerk-treasurer, upon forms to be provided by the city clerk-treasurer.

B.    The application for mobile vendor shall state the name and address of the applicant, 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.

C.    Such application shall be approved by the city council before a license is issued. (Ord. 489 § 5, 1984)

5.16.060 License fee.

The license fee for a mobile vendor license shall be twenty-five dollars ($25.00) for each calendar year, or portion thereof, per each mobile conveyance for which license is sought. (Ord. 489 § 6, 1984)

5.16.070 Revocation of license.

The license of a mobile vendor 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 for any of the following reasons:

A.    Fraud, misrepresentation, or false or misleading statements contained in the application for a license;

B.    Fraud, misrepresentation, or false or misleading statements, made in the course of conducting the licensed business;

C.    Conviction of any crime involving moral turpitude;

D.    The conduct of business in areas prohibited by this chapter; or

E.    Any other violation of this chapter.

(Ord. 718 (part), 2006: Ord. 489 § 7, 1984)

5.16.080 Health regulations.

A.    All mobile vendors engaged in the sale of food shall comply with the State Board of Health Rules and Regulations for Food Service Sanitation as adopted October 1, 1980, or subsequently amended, and adopted by reference, as the rules and regulations governing mobile food units within the city.

B.    A valid permit issued by the county health officer shall be required for any person to operate a mobile service conveyance within the city.

C.    A written application for a permit shall be made on forms provided by the county health officer. (Ord. 489 § 8, 1984)

5.16.090 Infraction—Penalty.

In addition to establishing grounds for revocation of license, the failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter is designated as an infraction and may not be classified as a criminal offense. A person found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty assessed for infractions under this chapter may exceed two hundred fifty dollars ($250.00) for each separate infraction. (Ord. 489 § 9, 1984)