Chapter 5.04


5.04.010    Definitions.

5.04.020    Mobile and street vendor – License required.

5.04.030    Mobile and street vendor – Display of license.

5.04.040    Geographical restrictions.

5.04.045    Mobile vendor food court standards.

5.04.050    License application – Contents.

5.04.060    License fee.

5.04.070    Revocation of license.

5.04.080    Compliance with regulations.

5.04.090    Infraction – Penalty.

5.04.010 Definitions.

As used in this chapter:

“Authorized concession stand” means a concession stand operated or maintained for the sale of food or merchandise, in the public parks in the city, or on other public property, in accordance with a city-approved agreement or franchise therefor.

“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, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.

“Licensing agent” means the department or division designated by the city manager to accept and process applications for licenses issued under this chapter.

“Merchandise” means clothing, toys, electronics, pictures, games or other nonfood products for sale or rent.

“Mobile vendor” means a vendor or seller of merchandise or food from a motorized or trailered vehicle or other motorized or trailered conveyance upon the public streets, alleys, public property of the city, or upon private property.

“Mobile vendor food court” means a site where two or more mobile food vendors congregate to offer food or beverages for sale to the public as the principal use of the land.

“Public celebration” means the Independence Day activities customarily celebrated on, in, and around Pioneer Park and other areas of the city, as well as any other time of public celebrations conducted within city of Walla Walla parks, public right-of-way, or city properties.

“Special event” means any event for which a special event permit has been issued pursuant to Chapter 10.27.

“Street vendor” means a vendor selling food, nonalcoholic beverages, and/or other goods or services within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of-way, or public property using a nonmotorized cart or temporary structure. (Ord. 2020-51 § 1, 2020; Ord. 2006-11 § 1, 2006: Ord. 94-26 § 1(part), 1994).

5.04.020 Mobile and street vendor – License required.

No person, firm or corporation shall engage in the business of a mobile vendor without having first obtained a license therefor from the licensing agent following receipt of a development permit issued by the department of development services. This chapter shall not apply to vendors operating in conjunction with events holding a valid city of Walla Walla special event permit or the farmers’ market. (Ord. 2020-51 § 1, 2020; Ord. 2006-11 § 2, 2006: Ord. 94-26 § 1(part), 1994).

5.04.030 Mobile and street vendor – Display of license.

All licenses for mobile and street vendors shall be prominently displayed upon all vehicles, conveyances, or temporary structures from which a mobile or street vendor conducts business. (Ord. 2006-11 § 3, 2006: Ord. 94-26 § 1(part), 1994).

5.04.040 Geographical restrictions.

No mobile vendor license shall include the privilege to conduct the business of a mobile vendor unless the vehicle or conveyance is parked and operated in full compliance with the traffic and sidewalk ordinances of the city as now in effect or as hereafter amended. It shall be a violation of this chapter for any person selling or offering for sale any article to obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where any article is being sold or offered for sale. No merchandise will be offered, displayed, or sold, and no customers served, in any vehicle travel lane. No mobile or street vendor shall sell or vend any wares from his vehicle or conveyance:

A. Within four hundred feet of any public or private school grounds during the hours of regular school session, classes, or school related events in the public or private school, except when authorized by the school; or

B. Within one hundred feet of the entrance of any business establishment which is open for business offering as a main featured item or items of similar goods for sale; or

C. Within one hundred feet of any restaurant, cafe, or eating establishment which is open for business if selling food or food items; or

D. In that portion of the public right-of-way abutting private property without the permission of the property owner; or

E. Within three hundred feet of any public park of the city or other public space for which a special event permit has been obtained during the course of a public celebration when organizations are permitted to engage in the sale of merchandise and food in such park or public space for a fee, unless the mobile or street vendor obtains written permission from the coordinator of the special event and this written authorization is posted while operating during the special event; or

F. Within three hundred feet of any city authorized concession stand in any public park of the city during times other than during the course of a public celebration except as approved by the parks and recreation department of the city; or

G. The number of mobile or street vendors shall be limited to two per one linear block frontage, provided the one-hundred feet distance restrictions are met, unless a city-approved special event permit site plan authorizes an exception or located within a permitted mobile vendor food court; or

H. Mobile or street vendors selling food or merchandise as part of permitted special events shall comply with the above-referenced distance restrictions unless an exception is made by the city manager or designee in writing, as part of the special event permit.

I. Mobile vendors shall be prohibited from residential zones except for those vendors which operate for less than fifteen minutes at a location. (Ord. 2020-51 § 1, 2020; Ord. 2006-11 § 4, 2006: Ord. 94-26 § 1(part), 1994).

5.04.045 Mobile vendor food court standards.

A. Mobile vendor food courts are subject to Level II review.

B. Mobile vendor food courts shall conform to the requirements of the International Building Code regarding accessibility.

C. Mobile vendor food courts shall provide seating at the rate of six seats per vendor.

D. Permanent restroom facilities with handwashing facilities are required either on site or within an adjacent building that is accessible to the mobile vendor food court when the business(es) are in operation. A mobile vendor food court shall have a minimum of one restroom. One additional restroom is required for each five vendors in the court.

E. No tents, tarps, or pop-up shelters are permitted in mobile vendor food courts for food preparation or sales.

F. Any site lighting shall be directed away from adjacent properties and shall be shielded and aimed downward.

G. The mobile vendor food court and all vendors must comply with all requirements of the state and local health departments. (Ord. 2020-51 § 2, 2020).

5.04.050 License application – Contents.

A. Any person, firm, or corporation desiring to secure a license as a mobile or street vendor shall-make application to the licensing agent, upon forms to be provided by the licensing agent.

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

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 vehicle 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. (Ord. 2006-11 § 5, 2006: Ord. 94-26 § 1(part), 1994).

5.04.060 License fee.

The initial license fee for a mobile vendor license shall be one hundred fifty dollars for each calendar year, or portion thereof, per vehicle or conveyance, for which license is sought; provided, that the license fee for renewal of the license shall be fifty dollars for each calendar year; provided, that there is no interruption in maintaining the mobile vendor license of the vehicle or conveyance. Mobile vendor licenses may be issued for one or more vehicles by the licensing agent. (Ord. 2006-11 § 6, 2006: Ord. 94-26 § 1(part), 1994).

5.04.070 Revocation of license.

A. The license of a mobile or street vendor shall, after notice in writing and an opportunity to be heard by the city manager or hearings officer designated by the city manager, be revoked, and such mobile or street 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 of 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 city manager or hearings officer shall be final subject only to the right of the license holder to appeal said decision by to the Walla Walla County superior court within fifteen days of the decision rendered by the city manager or hearings officer. (Ord. 2006-11 § 7, 2006: Ord. 94-26 § 1(part), 1994).

5.04.080 Compliance with regulations.

All mobile or street vendors engaged in the sale of food shall comply with all laws, rules and regulations regarding food handling, and all vehicles or conveyances used for the sale of food or merchandise by mobile or street vendors shall comply with all applicable laws, rules and regulations respecting such vehicles or conveyances as established by the Walla Walla County-City Health Department, the Washington State Motor Vehicle Code, and the Walla Walla Municipal Code. All mobile or street vendors shall further be responsible for cleaning up each day all litter originating from his/her business and within a one-hundred-fifty-foot radius of the location where any sales occur. (Ord. 2006-11 § 8, 2006: Ord. 94-26 § 1(part), 1994).

5.04.090 Infraction – Penalty.

In addition to establishing grounds for revocation of a license, the 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. A person found to have committed an infraction under this chapter shall be assessed a monetary penalty. Each day in which a violation of this chapter continues shall be counted as a separate infraction. Chapter 7.80 RCW is incorporated herein with respect to this section. No penalty assessed for infractions under this chapter may exceed two hundred fifty dollars for each separate infraction. (Ord. 2006-11 § 9, 2006: Ord. 94-26 § 1(part), 1994).