Chapter 5.20


5.20.010    Definitions.

5.20.020    Mobile vendor business – License required – Exceptions.

5.20.030    Display of license.

5.20.040    Geographical restrictions – Mobile vending prohibited on public streets.

5.20.045    Mobile food vendor – Restrictions.

5.20.050    License application – Contents.

5.20.060    License fee.

5.20.070    Revocation of license.

5.20.080    Compliance with regulations.

5.20.090    Violation – Penalty.

5.20.010 Definitions.

As used in this chapter:

“Cart” means a mobile, non-motorized vehicle or conveyance which is intended to be pushed, pulled or otherwise used by a mobile vendor for the transport of any food, goods, wares or merchandise of any name, nature or description.

“City” means the city of Toppenish.

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

“Goods” means wares and merchandise of whatever name, nature or description including but not limited to clothing, toys, electronics, games, furnishings, motor vehicle parts, inanimate objects, and other items of personal property.

“Hawker” means a mobile vendor, including a peddler, who makes a public outcry or uses any musical or other sound to attract attention and draw customers for the purpose of selling or delivering food or goods.

“Mobile food preparation van” means a commercially manufactured motorized vehicle in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.

“Mobile food vendor” means a seller of foods from a mobile food preparation van, cart or other conveyance, whether upon the public streets, alleys or public property or on private property.

“Mobile vendor” means a transient business selling or delivering food or goods in the city.

“Peddler” means a mobile vendor who carries or transports food or goods while traveling from house to house, place to place, or upon any public right-of-way for the purpose of selling or delivering food or goods.

“Transient business” means any peddler, hawker, mobile vendor, or mobile food vendor who moves or is movable, or who uses a place of business that is not on a permanent foundation that complies with the International Building Code.

“Vending unit” means a mobile food preparation van, cart, or other conveyance, or any facility that is not on a permanent foundation that complies with the International Building Code, which is used for the sale or delivery of food or goods. (Ord. 2011-2 § 3, 2011).

5.20.020 Mobile vendor business – License required – Exceptions.

No person, firm or corporation shall engage in a mobile vendor business without having first obtained a license therefor from the city clerk, which is in lieu of the license required under Chapter 5.01 TMC; provided, however, that no license shall be required of the following:

A. Persons who conduct a casual or isolated sale and who are not engaged in the business of selling the type of food or goods involved;

B. Associations, corporations or organizations not organized for profit, and any community fund or foundation organized and operated exclusively for religious, scientific, public or charitable purposes, no part of the earnings of which inures to the benefit of any private shareholder, owner, member or individual, and the net earnings of which are devoted exclusively to charitable, educational or recreational purposes. (Ord. 2019-01 § 13, 2019; Ord. 2011-2 § 3, 2011).

5.20.030 Display of license.

All licenses for mobile vendors shall be prominently displayed upon all carts, vehicles or locations from or at which a mobile vendor conducts business. (Ord. 2011-2 § 3, 2011).

5.20.040 Geographical restrictions – Mobile vending prohibited on public streets.

Mobile vending on the public streets and public rights-of-way within the corporate limits of the city, which includes operating as a mobile vendor or a mobile food vendor and other transient businesses as defined in this chapter, shall not be permitted, and is punishable under TMC 5.20.090. This prohibition shall not be construed to apply to persons selling frozen prepackaged/individually wrapped food items (e.g., ice cream) as long as such vendors are present at one location no more than 10 minutes at a given time.

It shall be a violation of this chapter for any person selling or offering for sale any food or goods to obstruct or cause to be obstructed the passage of any pedestrian or vehicle on any sidewalk, street, avenue, alley or any other public right-of-way or place by any means, including causing people to congregate at or near the place where any such items are being sold or offered for sale. No such items may be offered or sold, and no customers served, in any traveled portion of a public roadway.

No mobile vendor shall sell or deliver any food or goods from his vehicle or conveyance if the conveyance is within 100 feet of the entrance of any business establishment which is open for business and offers for sale similar food or goods for sale, without the consent of said business. (Ord. 2011-2 § 3, 2011).

5.20.045 Mobile food vendor – Restrictions.

Mobile food vendors shall:

A. Not be located on any given parcel or premises for more than four hours in any 24-hour period.

B. Comply with the standards of the State of Washington Department of Labor and Industries for electrical service to the mobile food preparation van.

C. Only store articles at the business location that are necessary for operation and maintenance of the facility.

D. Not use any portion of the vending unit as living or sleeping quarters.

E. Not use freestanding awnings, canopies, umbrellas, etc. All such devices shall be permanently attached to the vending unit and fully supported thereby.

F. Maintain all attachments to the vending unit, including but not limited to signs, lights, overhangs, and awnings, in such a manner as to not create a hazard to pedestrians, customers or vehicles.

G. Screen from public view and securely cover all exterior trash receptacles not intended for customer use.

H. Maintain a minimum setback of 20 feet between the mobile food preparation van or other vending unit and all interior property lines and other buildings.

I. Comply with all applicable requirements of the Yakima County health district for toilet and handwashing facilities.

J. If operating on private property, provide parking for at least three customer vehicles and one employee vehicle. (Ord. 2011-2 § 3, 2011).

5.20.050 License application – Contents.

A. Any person, firm, or corporation desiring to secure a license as a transient business, whether it be as a peddler, hawker, mobile vendor or mobile food vendor, shall make application to the city clerk, upon forms to be provided by the city clerk.

B. The application for a transient business license shall state the name and address of the applicant, the vehicle license numbers of all motor vehicles from which the applicant proposes to conduct business, a description of the general type of food or goods proposed to be sold by the applicant, and the place or places where the applicant proposes to engage in business as a transient business.

C. Such application shall be accompanied with the license fee as provided for in this chapter, together with a photocopy of a valid motor vehicle operator’s license for all operators, proof of automobile liability insurance coverage in an amount acceptable to the risk manager for the city, and evidence of a Washington State Department of Revenue business registration number.

D. In addition to the foregoing requirements, mobile food vendors must:

1. Provide documentation that the vending unit has been approved by the State of Washington Department of Labor and Industries.

2. Provide documentation of approval by the Yakima health district of a commissary in support of the vending unit.

3. Provide evidence of a current Yakima health district inspection and approval of the vending unit.

E. Mobile food vendors operating on private property must also:

1. Provide a written plan documenting appropriate disposal of wastewater generated by the vending unit.

2. Provide written permission from the property owner consenting to operation of the business on the owner’s property.

3. Provide a site plan depicting the following:

a. Ingress and egress.

b. Location of the vending unit.

c. Location of at least three spaces for customer parking and one space for employee parking.

d. Provide evidence of a current state of Washington vehicle registration.

4. Document available toilet and handwashing facilities. (Ord. 2011-2 § 3, 2011).

5.20.060 License fee.

License fees for a transient business license shall be as provided in TMC 5.01.120, as amended. (Ord. 2011-2 § 3, 2011).

5.20.070 Revocation of license.

A. The license of a mobile vendor shall, after notice in writing and an opportunity to be heard by the city hearing examiner, 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:

1. Fraud or misrepresentation contained in the application for the license;

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

3. Conviction of any crime involving moral turpitude in which a minor child was the victim or was otherwise involved;

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

5. Any other violation of this chapter.

B. The decision of the hearing examiner shall be final subject only to the right of the license holder to appeal said decision by writ of certiorari to the Yakima County superior court within 15 days of the decision rendered by the hearing examiner. (Ord. 2011-2 § 3, 2011).

5.20.080 Compliance with regulations.

All mobile vendors engaged in the sale of food shall comply with all laws, rules and regulations regarding food handling, and all mobile food preparation vans and motor vehicles used by mobile vendors shall comply with all applicable laws, rules and regulations respecting such vehicles as established by the Yakima County health department, the Washington State Motor Vehicle Code, and the Toppenish Municipal Code. All mobile vendors and food vendors shall further be responsible for cleaning up each day all litter originating from their business and within a 150-foot radius of the location where any sales occur. Such litter or trash shall be deposited in city refuse containers designated by the city clerk. Each mobile vendor and food vendor shall pay for a commercial refuse service account at not less than the minimum established by code. (Ord. 2011-2 § 3, 2011).

5.20.090 Violation – Penalty.

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. Any person, firm or corporation 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 $500.00 for each separate infraction. (Ord. 2011-2 § 3, 2011).