Chapter 5.29
MOBILE FOOD VENDOR LICENSE
Sections:
5.29.030 Activities requiring a business license and regulatory license.
5.29.050 Application – Contents.
5.29.060 Application fees and renewals.
5.29.110 Food vehicle standards.
5.29.120 Design and operation.
5.29.010 Definitions.
(1) “City” means the city of Oak Harbor.
(2) “Director” means the director of development services or designee.
(3) “Food vehicle” means a licensed and operable motor vehicle or trailer used to serve, vend, or provide ready to eat food or nonalcoholic beverages for human consumption from a fixed location or along a route on public or private property.
(4) “Food vendor” means any business operator or vendor who conducts business from a motor vehicle or trailer upon public streets or private property and who has been endorsed under this chapter.
(5) “Food zone” means a designated portion of public space that is reserved for the exclusive use of food vehicles endorsed under this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.020 Scope.
The provisions of this chapter apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverages with or without charge upon or in public and private restricted spaces. This chapter does not apply to vehicles that dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks, or food vending pushcarts, or stands located on sidewalks, nor does it apply to food vehicles associated with special events that are licensed or approved by the city. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.030 Activities requiring a business license and regulatory license.
(1) It is unlawful for any person to operate within the city a food vehicle, as defined in this chapter, without having obtained a city business license and regulatory license for that purpose. Business licenses are issued pursuant to Chapter 5.01 OHMC. No person shall then sell or offer food products at any location until the food vendor has been duly licensed as such.
(2) A mobile food vendor license, issued under this chapter, must be obtained to operate any food vehicle, as defined in this chapter. Licenses are valid for one year. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.040 Exemptions.
The provisions of this chapter shall not be applied to:
(1) Lemonade stands;
(2) Delivery or distribution of food, goods or products ordered or purchased by customers from a source or point of sale other than a mobile vehicle operated for the purpose of soliciting customers while located on city streets or property;
(3) Temporary business activities in accordance with OHMC Title 19;
(4) Peddler, solicitor and canvasser activities regulated by Chapter 5.45 OHMC; and
(5) Food vehicles associated with special events that are permitted by the city per Chapter 5.55 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.050 Application – Contents.
(1) A person desiring to operate a food vehicle must make written application for such license to the finance department. Upon receipt of a complete application, the finance department will forward a copy to the director for review.
(2) The application for a mobile food vendor license must include the following:
(a) All requirements as to identify the business as pursuant to the issuance of a business license under Chapter 5.01 OHMC;
(b) A description of the preparation methods and food product to be offered for sale, including the intended menu, display, and distribution containers;
(c) Information on the food vehicle to include year, make, and model of the vehicle and dimensions;
(d) The preferred location of the food vehicle, consistent with OHMC 5.29.070;
(e) A photo or drawing of the proposed food vehicle, showing the business name;
(f) Proposed awnings, if applicable;
(g) Written consents from businesses or private property owners, if necessary;
(h) The proposed hours of operation;
(i) Copy of Washington State business license with a tax registration endorsement;
(j) Copies of all necessary licenses or permits issued by Island County health department;
(k) Copies of all additional licenses or permits that may be required by the Island County health department, the Washington State Department of Labor and Industries, and the city of Oak Harbor;
(i) This requirement must be met within 30 days of approval of a mobile food vehicle endorsement by the city of Oak Harbor.
(ii) However, no mobile food vehicle may locate or operate within the city until such city, county and state licenses or permits have been issued;
(l) Provide evidence of general liability insurance in amounts acceptable to the city attorney’s office and designating the property owner as additional insured.
(3) Fire Chief Inspection – Effective August 1, 2019.
(a) The fire chief or designee must inspect the proposed food vehicle for fire safety and code compliance.
(b) All recommendations by the fire chief or designee must be implemented by the food vendor applicant before the application may be approved. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.060 Application fees and renewals.
(1) Application Fees. Upon submission of the application, the applicant must pay the nonrefundable application fee in full per the master fee schedule adopted by resolution of the city council.
(a) Incomplete applications will not be accepted.
(b) If the applicant is approved, the application fee serves as the first-year license fee.
(2) Annual Renewals and Fees.
(a) Process. Mobile food vendor license renewals will be processed pursuant to OHMC 5.01.110(2).
(b) Fees. Mobile food vendor license renewal fees must be paid in full per the master fee schedule adopted by resolution of the city council.
(c) Information. Food vendors are required to update contact information requested in subsection (2)(a) of this section at the time of renewal. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.070 Locations.
(1) Private Property. Food vehicles may operate on private property in any zone in which restaurants are permitted (RO with conditional use permit, C-1, CBD, C-5, PBP, PIP and I), with the written consent from the property owner and subject to the city’s site plan review requirements. Evidence of such written consent and approval must be provided to the city prior to the on-site location of the food vehicle.
(2) Public Property. Food vehicles may be located OS – Open space, recreation and agriculture and PF – Public facilities.
(3) Special Event Permit Locations. Special event permits issued under Chapter 5.55 OHMC take precedence over mobile food vendor license locations.
(4) Excise Tax on Public Property. Mobile food vehicles operating on public property are subject to leasehold excise taxes pursuant to Chapter 82.29A RCW and Chapter 3.60 OHMC. License holders operating on public property will be billed for excise taxes and finance department will remit the tax to the Washington State Department of Revenue. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.080 Issuance or denial.
The finance department must issue a license upon a recommendation by the director to approve the applicant. In the event the director denies the application, the finance department must notify the applicant of the denial and the procedures for appeal pursuant to OHMC 5.29.140. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.090 License display.
A license issued under this chapter must be posted conspicuously on the mobile food vehicle. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.100 Health regulations.
All food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with all laws, rules and regulations respecting such vehicles, equipment and devices as established by the Island County health department. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.110 Food vehicle standards.
All mobile food vendors licensed under this chapter must conform to the following standards:
(1) Food vehicles stationed on public rights-of-way using external signage, seating or any other equipment not contained within the vehicle shall not reduce or obstruct the sidewalk to less than five feet.
(2) Exterior, freestanding signage used in relation to a mobile food vendor license must comply with Chapter 19.36 OHMC.
(3) Vendor must obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of a public way or to remove the vehicle entirely from the public way if necessary to avoid such congestion or obstruction.
(4) Any auxiliary power required for the food vehicle must be self-contained; provided, that such auxiliary power does not result in excessive noise. No use of public or private power sources are allowed without providing written consent from the owner. No power cable or equipment may be extended at grade across any city street, alley, or sidewalk. The use of compressors or loudspeakers is prohibited.
(5) Any exterior lighting used by the food vehicle must be designed and placed in such a manner that it does not result in glare or light spillage onto other properties or interfere with vehicular traffic. Lighting must be directed in a downward manner, so as to minimize light pollution.
(6) All identifying information, logos, advertising, or other displays on the exterior of a food vehicle must conform to the purposes set forth in Chapter 19.36 OHMC regulating commercial signage. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.120 Design and operation.
Food vendors and food vehicles must conform to the following:
(1) No parking in such a manner as to create a traffic hazard.
(2) Sales in curbside food zones must be made on the curbside only, and the vehicle must be parked within one foot of the curb.
(3) No waste liquids, litter or solid waste shall be dumped on city sidewalks, streets, or lawn areas, or in city gutters or drains. When leaving a sales area, food vendors or employees shall pick up all waste, litter and solid waste resulting from the business’s sales. License holders are responsible for all waste, litter and solid waste left by customers.
(4) Supply garbage, recycling, and composting receptacles for the public use. Such receptacles must be capable of accommodating all solid waste generated by the vending activity. The containers must be maintained and emptied regularly. The containers must not be left at any location after operation of the food vehicle ceases for the day.
(5) Utilize an absorbent pad or cardboard under outside food preparation area to avoid grease and other ingredient spills.
(6) Conform to all applicable city ordinances regarding noise control and vehicle identification.
(7) Comply with all Island County public health requirements and fire department requirements if propane or a combustible fuel is used.
(8) Only sell food and beverages that are capable of immediate consumption.
(9) Maintain the food vehicle in good repair, and free of graffiti. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.130 Revocation.
The license for a food vehicle may be revoked at the discretion of the director at any time for failure to comply with the provisions of this chapter, or for violation of any other provision of the Oak Harbor Municipal Code. Notice of revocation must be served personally 24 hours prior to the date such revocation becomes effective. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.140 Appeals.
The appeal procedures will be governed by Chapter 1.24 OHMC. During the appeal period, no activity shall be conducted until the final decision is ordered. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.150 Enforcement.
The director or designee will have vested authority to check any person in conduct of business in the city for proper business license, regulatory license, or permit, and in case of a violation will have authority to issue a citation for violation of this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).
5.29.160 Violations.
Violations of this chapter constitute a civil offense and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1850 § 1, 2018).