Chapter 18.23
MOBILE FOOD VENDING

Sections:

18.23.010    Purpose.

18.23.020    Permit required.

18.23.030    General requirements.

18.23.040    Allowed locations and events.

18.23.050    Siting requirements.

18.23.060    Required provisions and limitations.

18.23.070    Frequency.

18.23.080    Exemption.

18.23.090    Applications.

18.23.100    Decision criteria.

18.23.010 Purpose.

The purpose of this chapter is to provide guidance on mobile food vending within the city limits, promote the city’s vision for its downtown and its aesthetic values, allow mobile food vending as a special amenity, and to protect the health and welfare of residents and visitors. (Ord. 2022-644 § 3).

18.23.020 Permit required.

An approved permit for use of mobile food facilities must be obtained from the community development department prior to any mobile food facility operating within the city limits, except that permits are not required for mobile food facilities on private property in residential zoning districts, notwithstanding such facilities shall comply with all provisions of this chapter. (Ord. 2022-644 § 3).

18.23.030 General requirements.

A. Operators of mobile food facilities must:

1. Have a valid business license with the city.

2. Have a valid operating permit with the King County health department.

3. Have proof of permission from property owner to operate on premises.

B. Food trucks must be stored, stocked and maintained at a commissary approved by the King County health department and/or as approved by the King County health department.

C. Food carts must be stored and secured indoors when no operator is present and during all nonbusiness hours.

D. Mobile food vendors may only sell food for immediate human consumption.

E. Liability insurance is required with the city named as insured.

F. Vending for nonsponsored events is not permitted.

G. Permits are only valid for mobile food vendors. Other mobile retail businesses are not permitted. (Ord. 2022-644 § 3).

18.23.040 Allowed locations and events.

Mobile food facilities are allowed in the following locations:

A. Residential Zones.

1. Sponsored event per subdivision plat or binding site plan. If no subdivision/development information is available, the community development department may create policy for how to define these areas.

2. Private events where the mobile food facility is located off-street on private property.

B. Specified City-Owned Properties and Rights-of-Way. A sponsored event may be held with a permit approved by the city.

C. Sponsored events within the NB, DT and DC zones per parcel or collective parcels of an approved site plan or binding site plan. (Ord. 2022-644 § 3).

18.23.050 Siting requirements.

A. Mobile vendors must follow state code for restroom and food handling requirements.

B. No mobile vendor shall block or impede passage of any portion of pedestrian, bike, or street right-of-way.

C. No customer shall be served within any pedestrian, bike, or street right-of-way, unless an approved permit has been obtained from the city. (Ord. 2022-644 § 3).

18.23.060 Required provisions and limitations.

A. The operator shall provide, at minimum, a five-gallon trash container for customer use, located within five feet of the mobile food vendor.

B. Food trucks shall be fully self-contained and readily mobile. No coverings, canopies, signs, structures, or furnishings shall be placed, installed or constructed around the food truck.

C. Food trucks shall have holding tanks for wastewater. No dumping of greywater or wastewater onto the ground or pavement is allowed.

D. Events are limited to no more than one mobile food vendor at any one time, except events held by institutional uses in residential zones or sponsored by the city may have multiple mobile food vendors.

E. Events may not occupy designated parking spots for longer than three hours, and shall adhere to all other parking restrictions, such as emergency and loading zones.

F. No event shall last longer than 12 hours. (Ord. 2022-644 § 3).

18.23.070 Frequency.

A. Events not sponsored by the city, utilizing mobile food trucks, trailers and/or stands, can occur up to three days per calendar year per allowed location outlined in NMC 18.23.040.

B. Private events occurring off street on privately owned property, as outlined in NMC 18.23.040, can occur three times per year.

C. Events sponsored by the city can occur at a frequency of the city’s discretion. (Ord. 2022-644 § 3).

18.23.080 Exemption.

Mobile food vendors who fall under the mobile food Standard Industry Classification identified in NMC 18.08.070 yet only remain in any one location for a maximum of 10 minutes are exempt from the provisions of this chapter. Those include vendors such as dairy/food delivery and roving ice cream trucks. (Ord. 2022-644 § 3).

18.23.090 Applications.

A. A complete application for a mobile food vendor permit is required for events on public property (e.g., within public right-of-way or at a public park), and on properties within the “downtown boundary” as identified on the city’s zoning map. Applications shall consist of the following:

1. A completed application form as provided by the department of community development.

2. A completed right-of-way use permit application if the proposal is within a city right-of-way.

3. A completed special events permit application if the proposal is on city property (e.g., a city park).

4. Any applicable fees.

B. Applications must be submitted at least 30 days prior to desired approval date.

C. Applications for sponsored events are to be held on file with the community development department. (Ord. 2022-644 § 3).

18.23.100 Decision criteria.

An event permit with mobile food facilities shall be granted by the city only if the applicant demonstrates that:

A. The proposed use will not be materially detrimental to the public welfare;

B. The proposed use is compatible with existing land use in the immediate vicinity in terms of noise and hours of operation;

C. The proposed use may not be located in any critical area;

D. Adequate paved parking for customers can be provided; and

E. Adequate traffic control for the exclusive use of the proposed event can be provided in a safe manner. (Ord. 2022-644 § 3).