Chapter 5.57
MOBILE FOOD VENDORS
Sections:
5.57.020 Mobile and street vendor—License required.
5.57.030 License requirements.
5.57.040 Geographical restrictions.
5.57.010 Definitions.
“Commissary” means an established commercial kitchen where mobile vendors go to prepare and store food.
“Level 1 vendor” means a Level 1 mobile vendor as permitted by the Yakima health district.
“Level 2 vendor” means a Level 2 mobile vendor as permitted by the Yakima health district.
“Level 3 vendor” means a Level 3 mobile vendor as permitted by the Yakima health district.
“Mobile” means capable of being moved easily and quickly; movable without significant alteration.
“Mobile food unit” is the motorized or nonmotorized conveyance used by a mobile vendor to sell goods, merchandise, or food.
“Mobile vendor” means a vendor or seller of goods, merchandise, or food from a mobile food preparation vehicle or other motorized conveyance upon the public streets, alleys, public property of the city, or upon private property.
“Motorized food preparation vehicle” means a commercially manufactured motorized vehicle or trailer vending unit in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution. Motorized food preparation vehicles include, but are not limited to, food trucks.
“Special event” means any event for which a special event permit has been issued pursuant to Chapter 9.70 of this code.
“Street vendor” means a vendor selling food or nonalcoholic beverages within a public or private parking lot, pedestrian plaza, sidewalk, or public property using a non-motorized cart or temporary structure. (Ord. 2020-006 § 25; Ord. 2015-029 § 1 (part), 2015).
5.57.020 Mobile and street vendor—License required.
No person, firm or corporation shall engage in the business of a mobile or street vendor without having first obtained a business license pursuant to Chapter 5.52 of the Yakima Municipal Code. All mobile or street vendors must fulfill the requirements of this chapter prior to a license issuing. All business licenses for mobile and street vendors must be prominently displayed upon all vehicles, conveyances, or temporary structures from which a mobile or street vendor conducts business. (Ord. 2020-006 § 26, 2020: Ord. 2015-029 § 1 (part), 2015).
5.57.030 License requirements.
Any person desiring to operate as a mobile or street vendor must submit directly to the city the following requirements in addition to the business license application that is submitted pursuant to the procedures stated in Chapter 5.52 YMC. The business license application cannot be approved by the city without these additional materials:
1. The applicant must obtain approval from all applicable regulating agencies including the Department of Labor and Industries, Department of Health, and the Yakima health district and provide to the city copies of those approvals.
2. Applicant must submit a written narrative providing answers to the following questions:
a. When not in operation, a mobile food unit must be stored at an approved servicing area or other approved location. Where do you plan to park the mobile food unit when you are not open for business? Reference WAC 246-215-09100(3).
b. What is the current business name and address of the approved commissary you plan to use? Reference WAC 246-215-09120(3).
c. The permit holder must designate a name for the business and provide it to the regulatory authority and ensure that the name is posted on the mobile food unit in a manner easily visible to customers during the hours of operation. Where do you intend to post the permit? Reference WAC 246-215-09160.
d. Do you agree to remove from the premises at the end of each work day any and all accessory items (i.e., waste receptacles, step stools, picnic tables, propane tanks, etc.) associated with the mobile food unit? Do you acknowledge and agree that you will not use freestanding awnings, canopies, umbrellas, signs, etc. and that all such items are required to be permanently attached to the unit and fully supported thereon if you use them?
e. Do you agree that as the person in charge of the mobile food unit you are required to ensure that only employees and other persons authorized by the regulatory authority are present inside the mobile food unit at any time? (Ord. 2020-006 § 27, 2020: Ord. 2015-029 § 1 (part), 2015).
5.57.040 Geographical restrictions.
1. 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.
2. No merchandise will be offered, displayed, or sold, and no customers served, in any vehicle travel lane.
3. No mobile or street vendor shall sell or vend any wares from his vehicle or conveyance within a residential zoning district unless associated with a special event or private catering function.
4. No mobile or street vendor shall sell or vend any wares from his vehicle or conveyance:
a. Within three 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. The number of mobile or street vendors shall be limited to two per one linear block frontage, provided the one-hundred-foot distance restrictions are met, unless a city-approved special event permit site plan authorizes an exception. (Ord. 2015-029 § 1 (part), 2015).
5.57.050 Exemptions.
A restaurant that is vending on the sidewalk in front of their permanent establishment does not require a permit. (Ord. 2015-029 § 1 (part), 2015).
5.57.060 Time limitations.
Mobile vendors shall adhere to the following time limitation:
1. All Level 1 vendors, as permitted by the Yakima health district, shall leave their location(s) according to their plan of operation.
2. All Level 2 and Level 3 vendors, as permitted by the Yakima health district, shall leave their location(s) daily. No Level 2 or Level 3 vendors are permitted to stay at their location(s) overnight. (Ord. 2015-029 § 1 (part), 2015).