Chapter 18.65
MOBILE FOOD SERVICE VENDOR
Sections:
18.65.030 Permit required – Application and fees.
18.65.040 Location and duration.
18.65.050 Standards and operational requirements.
18.65.060 Revocation of license.
18.65.010 Purpose.
Mobile food service vendor is a subset of fast food restaurants that provides an alternative to traditional sit-down restaurants and by its mobile nature can respond to dynamic and spontaneous consumer demand. The operational nature of a mobile food service vendor warrants permitting procedures and standards tailored to the transient nature of this use. (Ord. 2023-013 § 1 (Exh. A); Ord. 2012-010 § 1 (Exh. A))
18.65.020 Definitions.
“Mobile food service vendor” or “vendor” is a permitted business that sells meals and nonalcoholic beverages for immediate on-site consumption that are prepared and/or dispensed from a vehicle that is not permanently affixed to real property and is not a mobile peddler as provided in Chapter 5.24 SMC, a food delivery truck, or a children’s lemonade stand. (Ord. 2023-013 § 1 (Exh. A); Ord. 2012-010 § 1 (Exh. A))
18.65.030 Permit required – Application and fees.
A. A mobile food vendor permit is required before a vendor is allowed to locate and operate a mobile food service within the city on public or private property. Application is made to the director of the department of community development as a Type A-1 administrative approval (SMC 20.01.080). The permit application must include:
1. Photos or detailed drawings of the proposed mobile food service vehicle, including any applied graphics;
2. A proposed mobility plan that lists where the mobile vendor intends to operate, accompanied by a written statement from the property owner of each location that provides permission for the mobile vendor to access and/or occupy the premises for the conduct of the specified business and at the specified times;
3. A basic sketch plan of each location of short-term occupancy that shows where the mobile food service will operate on the site; and
4. Payment of the mobile food service vendor application fee set forth in SMC 3.68.030(F).
B. A separate permit is not required for a vendor that has a contract, franchise, or concession agreement with the city if the vendor sales are only those provided for in such contract, franchise, or agreement.
C. A separate permit is not required for a vendor that has an agreement with a party operating under a city-approved special event permit (SEP) under Chapter 8.38 SMC.
D. All mobile food service vendors, including those under contract with the city, must operate with a current business license, including a Sequim endorsement if applicable, current environmental health services operating and food handler permits, and a current garbage and grease disposal plan.
E. Vendor must comply with all applicable sections of Chapter 246-215 WAC, and specifically Part 9, Subpart A, as presently worded and as may be amended.
F. Mobile food service vendor permits are not transferable.
G. Expiration of License. A license issued under the provisions of this chapter will expire 12 months from date of issue. (Ord. 2023-013 § 1 (Exh. A); Ord. 2012-010 § 1 (Exh. A))
18.65.040 Location and duration.
A. A permitted mobile food service vendor must only locate and operate within nonresidential zones. A vendor with a contractual agreement with the city is limited in location and operation by the terms of the contract.
B. A vendor is allowed only to locate and operate its business temporarily on a developed property with a paved parking lot.
C. A mobile food service vendor must leave the premises at the end of each day of operation. (Ord. 2023-013 § 1 (Exh. A); Ord. 2012-010 § 1 (Exh. A))
18.65.050 Standards and operational requirements.
A. Parking and Vehicular Circulation. A mobile food service vendor vehicle cannot occupy any parking space that is required for a primary use on the same parcel or block any designated travel lane or aisle within a parking lot.
B. Signs.
1. Business identification and promotional signs and graphics applied to the surfaces of a mobile food service vendor vehicle are exempt from a sign permit and not regulated in number or total area.
2. Each mobile food service vendor business is permitted one portable sign, not to exceed six square feet in area and no more than three feet in height, located within 50 lineal feet of the vendor vehicle service counter on the same private property lot on which the vehicle is parked.
C. Secure Trash Containers. A secure trash container of at least 15-gallon capacity must be provided for business customer use at the location of the vendor and the vendor must remove the container and its contents at the end of each business day for trash disposal.
D. Other Requirements.
1. No vehicle, other conveyance, or temporary stand is allowed to locate closer than 50 feet from flammable, combustible liquid or gas storage and dispensing structures.
2. Licensed mobile vendor sites must be cleaned of all debris, trash, and litter at the conclusion of daily business activities. At the conclusion of daily business activities at a given location, the mobile vendor must clean around their vehicle and customer eating areas of all debris, trash, and litter generated by the vendor’s business activities.
3. All merchandise, goods, wares, or food must only be displayed or offered for sale from the vendor’s vehicle. (Ord. 2023-013 § 1 (Exh. A); Ord. 2012-010 § 1 (Exh. A))
18.65.060 Revocation of license.
A license issued pursuant to this chapter may be revoked, in writing, at the discretion of the director of community development for reasons that include without limitation the following:
A. Any fraud, misrepresentation, or false or misleading statement contained in the application for license;
B. Any fraud, misrepresentation, or false or misleading statement made in connection with the selling of products;
C. Any violation of this chapter;
D. Engaging in or allowing a pattern of criminal conduct in, near, or associated with the mobile vendor or vendor site; or
E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (Ord. 2023-013 § 1 (Exh. A); Ord. 2012-010 § 1 (Exh. A))
18.65.070 Enforcement.
Violations of this chapter will be enforced in accordance with Chapter 1.13 SMC, Code Enforcement. (Ord. 2023-013 § 1 (Exh. A))
18.65.080 Appeals.
Appeals of any action or decision taken by the city under this chapter may be filed as set forth in SMC 1.13.150 (Administrative appeals) and Chapter 2.10 SMC, Hearing Examiner. (Ord. 2023-013 § 1 (Exh. A))