Chapter 5.21


5.21.010    Definitions.

5.21.020    Location – Zoning – Site standards.

5.21.030    Facility standards.

5.21.040    Standards of operations.

5.21.050    Parking requirements.

5.21.060    Utilities.

5.21.070    License required – Fees.

5.21.080    Violation – Penalty.

5.21.010 Definitions.

The following definitions apply to this chapter:

A. “Cart” means a mobile, nonmotorized vending device, which is intended to be pushed, pulled or otherwise similarly transported by an operator or vendor during the normal course of business operation.

B. “City” means the City of Sunnyside.

C. “Mobile vendor” means a vending operation or business, which is based within or upon a motorized mobile vehicle of any type.

D. “Vending facility” means the structure or vehicle or other physical establishment within which the primary vending operation takes place.

E. “Vending operation or business” means any business enterprise operated for the purpose of selling, providing or offering goods or services from or at a temporary location.

F. “Vending or catering stand” means a temporary vending operation shelter, which is not motorized and requires on-site assembly.

G. “Vendor” means any person who sells goods or services from a mobile or nonpermanent business establishment. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2048 § 1, 2002.]

5.21.020 Location – Zoning – Site standards.

A. Zones – Commercial and Industrial. Mobile vending businesses are permitted within any B-1, B-2, B-3, M-1 or M-2 zone within the City; provided, that all other conditions of approval are met and accomplished. No mobile vending facility or operation shall be permitted to stand, operate, or locate within any public right-of-way except as permitted to do so during designated public events and celebrations.

B. Zones – Residential. Vending operations may be permitted by the Planning and Community Development Director within residentially zoned districts; provided, that all of the following conditions are met:

1. The vending operation shall not stand in any place longer than is necessary to transact immediate business. In no event shall the operation stand longer than five minutes in any given location.

2. The vending operation shall not utilize loud music or other noises in the sale of goods or services, which music or noise may be considered to be a nuisance to residents. Noise complaints may result in the immediate revocation of the vendor’s license.

3. The vending operation shall not stop, block or otherwise hinder or obstruct the normal flow of vehicular or pedestrian traffic.

4. The vending operation shall not operate earlier than 9:00 a.m. nor later than one-half hour prior to sunset.

C. Setbacks. No mobile vendor shall locate a vending operation within any established intersection visibility zones. “Intersection visibility zone” means the triangle formed between two points that are 30 feet away from the point of intersection along both intersecting street rights-of-way at a corner.

Mobile vending operations that are permitted to collocate on the site of an existing permanent business use must not be closer to any public right-of-way than the face of the permanent business nearest that right-of-way.

Mobile vending operations that are permitted to locate on vacant property must not locate closer to the right-of-way than the average setback of the two nearest businesses on either side of the vacant property.

D. Signs. Signs must be permanently attached to the vending facility and must conform to City sign regulations for commercial uses. No freestanding or temporary signs are permitted in connection with the vending operation.

E. Lighting. All lighting must be permanently or semi-permanently affixed to the vending facility.

No lighting shall be permitted to shine on or into any public right-of-way or other private property, or cause any glare that could be considered a public hazard, nuisance or distraction to vehicular movement, neighboring business operations, or residential uses.

F. Waste Handling. All vending operations are required to provide waste disposal containers within 20 feet of the vending facility. All waste receptacles shall be maintained in a clean state and shall be removed from the business location and emptied each night.

One waste receptacle for patron use only may be placed at either end of the facility but not closer to the street than the face of the vending operation as established in subsection (C) of this section. This receptacle must be of good quality and appearance or screened in some manner so as to not present an unsightly appearance.

A second waste receptacle for the use of employees of the facility will be allowed but must be located behind the facility so as not to be visible from any public street.

Vendors are responsible for the proper disposal of trash, debris, wastewater, food waste and other waste generated by the vending operation in approved locations. A specific site for the dumping of each and all waste materials, including but not limited to waste products, refuse, trash, debris, food waste and wastewater, must be designated by the vendor at the time of permit application. Wastewater, including all liquid wastes, gray water and mop water must be discharged into the City wastewater sewer system; provided, that such wastewater meets applicable City wastewater discharge standards, or into an approved on-site sewage disposal or holding system, or other approved disposal site. Dumping or disposal of waste at other than approved specific sites may result in the immediate revocation of the vending license.

All vendors shall:

1. Properly store and dispose of all garbage, rubbish and litter in and around the vending operation. Storage prior to disposal shall be in containers that are:

a. Durable;

b. Easily cleanable;

c. Insect and rodent proof;

d. Nonabsorbent;

e. In sound condition;

f. Watertight; and

g. Kept covered with tight fitting attached lids except when stored in a closed, pest-proof room or enclosure.

2. Dispose of liquid wastes as wastewater when collected from:

a. Leaking garbage containers;

b. Garbage compacting operations; or

c. Cleaning operations.

3. Store all other rubbish in containers or other areas in a manner approved by the City.

4. Use rooms, enclosures, areas and containers adequate in size and number for garbage storage.

5. Prevent overflows and nuisances caused by garbage, rubbish and litter by:

a. Ensuring frequent disposal;

b. Providing adequate cleaning facilities; and

c. Ensuring that containers, rooms and areas are cleaned as needed.

G. Sanitary Requirements.

1. Food service vendors shall ensure toilets for food workers are:

a. Provided within the food service establishment; or

b. Convenient to food workers and within 200 feet of the food service establishment.

2. Food service vendors shall ensure toilet facilities for patrons are provided within, or convenient to, the food service establishment.

3. Toilet facilities may be used jointly by patrons and food service workers, provided patrons accessing the facility are excluded from food preparation and storage areas.

4. Food service vendors shall ensure all toilet facilities are:

a. Of sanitary design;

b. Kept clean;

c. In good repair;

d. Provided with toilet paper; and

e. Provided with easily cleanable waste storage receptacles.

5. Food service vendors shall ensure hand sinks are:

a. Accessible to food workers at all times;

b. Located to permit convenient use by all food workers in food preparation, food service, and utensil washing areas, and in, or immediately adjacent to, toilet facilities; and

c. Used exclusively for hand washing.

6. Food service workers shall be responsible for maintenance of hand sinks designated for use by food service workers and patrons and ensure each hand sink is:

a. Provided with hot running water (at a minimum of 100 degrees Fahrenheit) and cold running water provided through a mixing faucet;

b. Provided with hand soap;

c. Provided with single use towels or other approved drying devices; and

d. Kept clean and in good repair.

7. Food service vendors shall ensure hand operated automatic faucets have a minimum cycle of 15 seconds. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2055 § 1, 2003; Ord. 2048 § 1, 2002.]

5.21.030 Facility standards.

All vending facilities must include an appropriate fire suppression mechanism or system that is inspected and approved by the City Fire Marshal prior to issuance of any permit. Fire extinguishers and/or other suppression system components must be checked and certified annually by a licensed service provider. All vending facilities licensed and permitted under this chapter shall be subject to inspection at any time during hours of vending facility operation by the City Fire Department and other City departments charged with enforcement or administration of this chapter.

A. Food Vending Facilities. Where applicable, food service vendors shall:

1. Ensure floors and floor coverings in all areas are:

a. Constructed of easily cleanable materials;

b. Kept clean;

c. In good repair; and

d. Covered at the floor/wall junctures, except for carpeted areas.

2. Provide proper construction of floors and floor coverings with the following characteristics:

a. Water-impervious construction;

b. Grease resistance;

c. Durability; and

d. Drains provided when water or pressure spray methods of cleaning are used in any of the following areas:

i. Food preparation areas;

ii. Food and utensil storage areas;

iii. Utensil washing areas.

3. Ensure walls, windows, doors and ceilings in all areas are clean and in good repair.

4. Ensure that walls are constructed with the following characteristics:

a. Smooth finish;

b. Nonabsorbent surfaces; and

c. Construction with easily cleanable materials in food preparation areas, utensil washing areas, and bathrooms.

5. Ensure design, installation and maintenance of ventilation systems in accordance with applicable State and local mechanical and fire codes; and

a. Provide ventilation systems, when necessary, to keep all areas free of excessive:

i. Heat;

ii. Steam;

iii. Condensation;

iv. Fumes and vapors;

v. Obnoxious odors; and

vi. Smoke.

b. Design and maintain ventilation hoods and filters to:

i. Prevent grease and condensate from dripping into food or onto food contact surfaces; and

ii. Allow ready removal of filters for cleaning and replacement.

6. The owner of a mobile food vending facility with a water supply system shall ensure:

a. All liquid waste is stored in a wastewater retention tank with at least 15 percent more capacity than the water tank; and

b. Wastewater is retained on the mobile food unit until disposed of by a method approved by the City.

7. The vendor shall separate grills and barbecues from public access by using ropes or other approved methods. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2055 § 1, 2003; Ord. 2048 § 1, 2002.]

5.21.040 Standards of operations.

A. Hours of Operation. No temporary vending business shall be permitted to operate for more than 12 hours during any day.

B. Length of Stay. Mobile vendors and cart operators shall remove all equipment and debris from the site of business at the close of each business day.

Operators of vending or catering stands may be permitted to “stand” for up to six days per calendar year, but may not exceed three consecutive standing days at a single location at any time; provided, however, that days such operators of vending or catering stands “stand” in community-wide events such as Sunshine Days or Cinco de Mayo, for which a single event license is approved as provided in SMC 5.20.060, shall not count as days used toward the six-day or three-day limitation above.

Christmas tree sales lots are exempt from the length of stay requirements; provided, however, that such exemption shall apply to Christmas tree sales lots only from Thanksgiving Day through Christmas Day each year.

C. Equipment. All exterior equipment and supplies (such as, but not limited to, waste receptacles, propane tanks, food storage and signs) associated with a vending business must be screened from public view and positioned so as not to create a public hazard or nuisance.

Vendors are permitted to provide one table for patron use which is limited to eight feet in length (similar in size and proportion to a typical picnic table). The permitted table must be screened from public roadways and may not incorporate umbrellas or other such devices intended to provide shade which are not permanently attached to the facility itself. Two smaller tables may be mechanically joined together in such a way that they cannot be separated into two tables by patrons and so long as the combined length does not exceed eight feet.

Freestanding awnings, canopies, umbrellas, etc., are prohibited. All such devices shall be permanently attached to the vending facility and fully supported thereby. Vending carts are allowed to utilize canopies or umbrellas which are permanently attached to, and fully supported by the cart. Cart canopies are permitted to overhang the outside edge of the cart by no more than two feet on each side.

D. Condition and Maintenance. The temporary facility must at all times maintain an orderly appearance and be free of debris. All exterior surfaces shall be maintained in a clean and sound condition in both material and finish, and free of nonpermanent attachments.

Vendors shall maintain their facility by allowing only articles necessary for operation and maintenance of the facility to be stored there and shall prohibit use of any portion of the facility as living or sleeping quarters.

All permanent attachments, including but not limited to signs, lights, overhangs, and awnings, shall be maintained and positioned in such a manner as to not create a hazard to pedestrians, customers or vehicles.

Exterior trash receptacles not intended for customer use shall be screened from public view and must be covered with a properly fitting lid.

The owner of food vending operation shall construct facilities so as to minimize public access to the food preparation areas, dust, mud, and overhead contamination. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2055 § 1, 2003; Ord. 2048 § 1, 2002.]

5.21.050 Parking requirements.

The following are minimum parking space requirements for the following:

A. Food Vendors. One parking space per employee, plus two spaces per service window.

B. All Other Standing Vendors. One parking space per employee, plus four spaces for customers. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2048 § 1, 2002.]

5.21.060 Utilities.

All temporary vending facilities shall be self-contained and will not be permitted to connect to any utility service for electricity, water, sewer or gas except that a vendor may be permitted to connect to a temporary electrical service by way of a service cord which meets State Department of Labor and Industry standards for such temporary connection to a power source, and is not longer than 20 feet in length; and except that a temporary vending facility may be permitted to connect to exterior water service if such connection is not more than 20 feet in length, with approved water line. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2055 § 1, 2003; Ord. 2048 § 1, 2002.]

5.21.070 License required – Fees.

A. Requirements. All license applications for mobile vending operations must be approved and a license issued prior to conducting business within the City. No person or entity may operate any mobile vending or vending stand business as defined and included in this chapter without a license.

Any person or entity desiring to conduct such business must submit a complete application and appropriate fee to the City. The application must include the following: (1) site plan drawn to scale showing the proposed location of the business operation on the site, the site address, the property owner’s name and address, site and/or facilities used for sewage and waste disposal; (2) availability and location of restrooms for food service workers; (3) location of the base of operation, food preparation or commissary; (4) location of required parking spaces; and (5) any other information deemed necessary or appropriate by the City to facilitate review of the proposed business or business facilities or location.

Upon acceptance of an application deemed complete by the City, together with the required fee, the City will review such application and may permit, deny or conditionally approve in order to meet the requirements and purposes of this chapter.

B. Fees. Fees are established for each type of mobile vending operation as forth in SMC 2.02.020. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2048 § 1, 2002.]

5.21.080 Violation – Penalty.

Any violation of this chapter shall be grounds for immediate revocation of all licenses and permits issued by the City to the vending business and shall constitute an infraction subjecting the violator to a civil penalty of up to $500.00 for each violation. [Ord. 2016-18 § 1 (Exh. A), 2016; Ord. 2048 § 1, 2002.]